HomeMy WebLinkAboutTwo State Design Group
Augusta Richmond GA
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YEAR: C\ <6
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FILE NUMBER: \ ~ro,
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AlA. DoculIlent 13141
Standarcf Form of Agreement Between
Owner and Architect.
1987 EDITION
THIS DOCUivIENT HAS IMPORT.4NT LEGAL CONSEQUENCES; CONSULTA TION \VITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFlCA TION
AGREEMENT
made as of the Twent i eth (20) day of Ja nua ry
Nineteen Hundred and Ni nety-Ei ght (1998)
BETWEEN the Owner: Augusta-Richmond County Board of Commissioners
(Nall/e and address) Mu n i c i pa 1 B u i 1 din g
530 Greene Street
Augusta, Georgia 30911
in the year of
and the Architect:
Two State Design Group
2292 Washington Road
PO Drawer 239
Thomson, Georgia 30824
(Nall/e and address)
For the following Project:
(f/ldude detailed descriptiUI/ of Project, lucatiu/I, address ami scojJe)
The Project Titled "Small Business Incubator Facility" is located on a 3.00 Acre
Tract of land on Augusta Tech Drive in Augusta, Georgia. Project scope includes a
18,000 square foot structure Housing Offices, Laboratories and Light Manuf~cturing
Facilities in addition to other associated spaces. The Budget for this project is
$1,334,000 including Design Fees, Construction, Inspections and Contingenly
The Owner and Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951, 195.3, 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 materidl 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 . AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006
8141.1987 1
WARNING: Unlicen:sed photocopying violates U.S. copyright laws.and is subject 10 legal prosecution.
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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 C( lI1sist ()f thl lse services per-
formed by the Architect, Architect's empl()}'ees and Architect's
consultants as enumerated in Articles 2 and) ()f this Agreemel1l
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations cOl1lained in Subparagraph 11.5. L
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHJ\SE
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 :;uch requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the limita,
tions set forth in Subparagraph 5.2.'1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements, the Architect shall
prepare, for approval by the Ownc'r, Schematic Design Docu~
ments consisting of drawings and other documents illustrating
the scale and relationship of Project componel1ls.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PtiASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare,
for approval b>. the Owner, Design Oevelopmcnt Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, struc-
tural, mechanical and electrical systems, materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 B;L~ed on the apprOVed Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, foi approval by the Owner,
Construction Documents consisting of Drawings and Specifica-
tions setting forth in dctail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the prepar:llion of
the necessary bidding information, bidding forms;' the Condi-
tions of the Contract, and the form of Agreement between the
Owner :Uld Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner's responsibility for filing ducumcnts required for
the approvai of governmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in ;Jwarding and preparing
COntracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibilit), to provide Bask SelTin:s
for the Construction I'h:tse under this Agreement commences
with the :I\vard of the Contract for Construction and tcrmi-
nates at the earlier of the issuance t() the Owner of the final
Cenifiote for Payment or Go days aftn the date of Substan-
tial Completion of the \Vork.
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, Gener;!i Conditions of the Contract for
Construction, current ;LS 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, modifkd or extended without
written agreement of the Owner and Architect\vith consent of
the Contractor, which consent shall not be unrclson:lbly
withheld.
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
B141-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
-i.
2.6.4 The Architect shall be a repre~.entative of and shall advise
and consult with the Owner (I) during conslrudion until final
payment to the Contractor is due, and (:!) :1.., all Additional Ser-
vice 3t the Owner's direction frolll time to lime durillg the cor-
rection period describnl in the COlltr:ll.t for COll.,trUl.tioll. The
Architect shall have authority to ad Oil hehalf of the Owner
only to the extent provided in this :\grlTllIl.lll unless otherwise
modified by written instrul11ent.
2.6.5 The Architect shall \.i..,it Ihe .,itl. :11 inler\.als :Ipprnpriate
to the stage of constructioll or as otllerwise agrccd hy the
Owner and Architect ill writing In IK'l'OlJ1l' generally familiar
with the progress alld quality uf the \Vork completed and tu
cletermine in general if the \X'ork is being pert()rmed in a mall-
ner indicating that the Work whell cumpktnl will be in accO[-
d:mce with the Contract Doculllents. llowevl'r, the Architect
shall not be required to make exh3ustive or continuous on-site
inspections to check the quality or quantity of the Work. On
the basis of on-site observations as :1I1 architect, the Architect
shall keep the Owner informed of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defeets and. deficiencies in thc Work. (More extensiue site
representation may be agreed to (IS WI A(fc{iliol/(I{ Seri!ice, as
described in paragrapb 3.2) See Spec 1 a 1
Stipulations .
2.6.6 The Architect shall not havc control over or charge of
and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the \\'ork, since .these are
solely the Contractor's responsibility under the COlltract fVI
Construction, The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accor-
dance with the Contract Doeumcnts. TL,- ~'u .....L~t\......l .,l...~ll IJvl
lho' ~..... .....ullllVI v"........ VI \.JhlLO.... \..Ie ..I..... Lv ......,1 .\J111;..hJ:VI hJ "...f LI..... C......llll.......
t~f, SVt,....'-'llt."....lv4VI 0. [Ia..;, ue,"::"lIl-.l '~.Il ....ul....I.......' '-'-v, VI ........f ..Ull
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2.6.7 ?&e Architect shall at all times have access to the Work
wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
cially authorized, the Owner and Contractor shall communicate
through the Architect. Communications by and with the Archi-
tect's consultants shall be through the Architect.
, ,inSDE!ctions
2.6.9 Based on thc Archllect s ~~ ana 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-
tute a representation to the Owner, based on the Architect's
in spec-t-i on-s at the 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 the 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 correctabl<: 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 entitled to payment in the amount certi-
fied. However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has (1) made exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the Work, (2) review~d construction me:Il1S, meth-
ods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material sup-
plicrs and other (bta requcsted bv the Owner to substantiate
the Contractor's right to payment ~r (-i) asccn:lined how or for
what purpose the Contractor has uscd money previously paid
I'n account of the Contract Sum. Except as prov i ded
ln subparagraphs 2.6.5 and 2,6.6
2.6.11 The Architect shall ha\"C authority to reject Work which
does not conform to the Colltract Documents. W'l1enever the
Ar~hitect considers it necessary or advis:lble for implementa-
tion of the intent of Ihe Contract Documents, the Architect will
have authority to require alklitional inspection or testing of the
Wurk in accordance with the provisions of the Contr:lct Docu-
ments, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Architect nor
a decision made in good faith either to exercise or not to exer-
cise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor, Subcontractors, material ancl
equipment suppliers, their agents or employees or other per,
sons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be' taken with such reasonable
promptness as to cause no del:iy 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 othcr details such as dimensions and quantities or
for substantiating instructions for installation or perform;U1ce 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 characteristics
of materials, systems or equi[1ment is required by the Contract
Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or cquip-
ment will meet the perforniance critcria required by the Con-
tract Documents.
2.6.13 The Architect shall prepare Change .Orders and Con-
struction Change Directives, with supporting documentation
and data if deemed necessary by the Architect as provided in
Subp3ragraphs 3.1.1 and 3.3.3, for the Owner's approval and
execution in accordance with the Contract Documents, :U1d
may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of 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 review and records written warranties and related
documents required by the Contract Docum<.:nts and assem-
bled by the Contractor, and shall issue a final Certificate for Pay-
ment upon compliance with the requirements of the Contract
Documents,
3 8141-1987
AlA DOCUMENT B141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution.
2:6.15 The Architect shall interpret and decide matters con-
cerning performance of the Owner :ll1d Contractur under the
requirements of the Contract Donl/llenL, on written request of
either the Owner or Contractor. The Architec(s re.,ponse tu
such requests shall be made with rea." m:lb/c promptness and
within any time limits :Iwenl upon.
2.6.16 Interpretations and del.i,ions of tlte Architect shall be
consistent with the intent uf and reas( 1I1:lbly inferable from the
Contract Documents and shall be in writing or in the form of
drawings. \'V'hen m:ddng suclt irUlTprel:llions and initial deci-
sions, the Architect shall entlcl\.' J[ to secure failh ful pcrfor,
mance by both Owner anu COlllr:rc(or, slt:lilnol show partiality
to dther, and shall not be liable for results of interpretatiuns or
decisions so rendered in good bith.
2.6.17 The Architect's decisions on mattcrs relating to aesthe,
tic effect shall be fin:!1 if consistelll: with the intcnt expresseu 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 :mu Contractor relating to the execu-
tion or progress of the \'V'ork as provided in the Contract
Documents.
2.6.19 'fIn... nl\..ll~l\...\..l'':> \..k\,,~'''~Vll'' VII \..L,;Jlh"), d;vtJUL.....,J VI \..ILL....!
dw.ll\""I..;J, ;,I......L.....d;IIO ltau,}\'" ;11 '-{U\,.Jl;Vll L.....l~~..........11 111......0""11\..1 6.411\.1
C,,"'H.l......................, ................l-Il fVl lllUv...... '....Lll;116 l"J .n__dll,....l;'- .....f~....l.~ 1"10
\' ~J\..J ~ll SUL\.1.Uo.l51.....t.JL :.6.17, vL.lll L...... .H..J,j....'-l l'-l .lfl5:lr.1L<J.I. lt~
plvyiJ\"..J iu lll;.:> }"5n..\..1I1....11l ..lllJ ;J.\ lL,- Cvlu.l........l DV'-I..IIJJ'-I,lJ.
See Article 12.3
ARTICU: 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so iuentified in Article 12, and they shall
be paiu for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services
described under Par:!graphs 3.2 and 3.4 shall only be provided
if :!uthorjzed or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph
3.3 arc required due 10 circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to. com-
mencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Audi-
tiona! Services arc not requireu, the Architect shall have no obli-
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representatiun at the site than is
described in Subparagraph 2.6.5 is required, the Architect shaH
provide one or more Project Representatives to assist in c;lrry-
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed :md
directed by the Architect, and the Architect shaH be compen-
sated therefor as agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Project
Representatives shaH be :l~ described in the edition of AlA
Document 8352 current as of thc date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project I{epresen-
tatives, the Architcct shaH endeavor to provide further protec-
tion for the O\,,;ncr against defccts ;mu deficiencies in the Work,
but the furnishing of such projcct represcntation shaH /lot
modify the rights, responsibilitics or oblig:Hiuns 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 whcn such rcvisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by aujustments in the Owner's program or Proj'
ect budget;
.2 requireu by the enactment or revision of coeles, laws
or regulations subsequent to the preparatiun of such
documents; or
.3 due to changes requireu as J result of the Owner's fail,
ure to render decisions in a timely manner.
3.3.2 Providing services required because of signilkmt
changes in the Project incluuing, but not limited to, size, qual-
.ity, complexity, the Owner's scheuule, or the method of biu,
ding ornegoti:ning and contracting for construction, except for
services required undcr Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specilicllions and other documcn-
tation and supporting data, evaluating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposeu by the. Contractor and making subsequent
revisions to Dra\vings, Specifications ;md other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
u:Ullaged by fire or other cause during construction, and Fur-
nishing services required in connection with the replacemelll
of such Work.
3.3.6 Providing services made necessary by the uefault of the
Contractor, by major defects or deficiencies in the Work of the
Contractor, or by failure of performance of either the Owner or
ContractuI' under th<';. Contract for Construction. See
Special StipUlations .
3.3.7 Providing services in evaluating an extensive number of
claims submitted by thc Contractor or others in conncction
with the Work.
3.3.8 Providing services in cOllnection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior tu the completion of the Construc,
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing :Ulalyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Proviuing 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.ARCHtTECT AGREEMENT' FOURTEENTH EDITION' AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 4
WARNING: Unllclmsed photocopying violates U,S, copyrighllaws and is subject to legal prosecution,
"'.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of ~overnmental authorities
or others having jurisdictinn O\Tr the Project.
3.4.5 Providing services rebliH' tu future Elcilities. systems
and equipmellt.
3.4.6 Providing services tu itl\.e:,ti~;lll' cxistin~ (( ,nditions or
facilities or to make me;Lsured drawings thereuf
3.4.7 Providing services to vnify the ;llnlr;IC\' uf drawings or
other information furnished by the Owner.
3.4.8 Providing coordinatiun uf u>I1structiun performed by
separate contractors or by the Owner's own furces :ll1d cuordi-
nation of services required in C(>nnectiun with construction
performed and equipment supplied bv the Owner.
3.4.9 Providing services in connection with the wurk of a con-
struction manager or separate consultants retained by the
Owner.
3.4.10 Providing detajl~d estimate,s of Construction Cost.
See Special Stipu ation
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings amI 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 detalled appraisals of exLsting facilities.
3.4.16 Preparing a set of reproducible record dr:l\vings show-
ing significant changes in the Work made during construction
based on marked,up prints, drawings and other data furnished
by the Contractor to the Architcct.
See Special Stioulation
3.4.17 Providmg assIstance m the utilization of equipment or
systems such as testing, adjusting and balancing, preparition of
operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing ,services after issuance to the Owner of the
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.
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of B;L~ic Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or not customaril y furnished in accordance
with generally accepted architectural practice.
ARTICLE: 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
i'
4.2 The O\vner shall establish and update an overall budget for
the Project. including the Construction Cost, the Owner's other
costs and reasonable cOlHingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish evi-
dence that financial arrangemelHs have been made to fulfill the
Owner's obligations under this Agreement.
4.4 The Owner shall designate a n:presclHative authorized to
act on the Owner's behalf with respect to the Pruject. The
Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents suhmitted by the
Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and ut ilit y locations fur the site
of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage rights-of-way,
restrictions, casements, encroachments, zoning, deed restric,
tions, boundaries and contours of the site; locations, dimen,
sions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available
utility services and lines, both public and privau.;, above and
below grade, including inverts and depths. All the information
on the survey shall be referenced to a Project benchmark.
4.6 The Owner shall furnish the services of geotecllllicil engi-
neers when such services arc requested by the Architect. Such
services may include but arc .nor limited to test borings, tcst
pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion ;lI1d resis-
tivity tests, including necessary operations for anticipating sub,
soil conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of uther consul-
tants when such services arc reasonably requin:J by the scope
of the Project and arc requested by the Architect.
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 Jawor the Contract Documellls.
4.8 The Owner shall furnish all kgal, accounting and insurance
counseling services as may be necessary at any time for the
Project, including auditing services the Owt1l:r may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money
paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the O\vner to the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifica,
tions that would require knowledge or services beyond the
scope of this Agreement.
5 B141-1987
AlA DOCUMENT B141 . OWNER-ARCHtTECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @19H7
TltE AMERtCAN 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.
'.
ARTICLE 5
CONSTRUCTION COST
5.1
DEFINITION
5.1.1 The Constructiun Cost sh;i11 he tlK' toul cust ur esti.
mated cost to the Owner (,f all clements llf the I'n Ijeet designed
or specified by the Architcct.
5.1.2 The Construction Cl l,~t sliall include tile C< lst ;11 nllTelll
market rates of labor and materials furnished hy the Owner and
equipment designed, specified, scleul.d (II' sped;i1ly pruvided
for by the Arehitect, plus a re;L~unahlc allowance for the Cun-
tractor's overhead and profit. In additiun, a.reasunable alluw-
ance for contingencies shall be included fur m;lrket eunditions
at the time of bidding and fur changes in the Wurk during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consulf;lI1ts, 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
5.2.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimatcs of Con-
struction Cbst, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however, that nei-
ther the Architect nor the Owner has control over the COSt of
labor, materials or equipment, over the Contractor's methods
of determining bid prices, or over competitive biuding, market
or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such 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 adjustments 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 incrc3sed in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Documents to the Owner, any Project budget or fixeu limit of
Construction Cost shall be adjusteu to rd1cct changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals arc sought.
5.2.4 If a fixed limit. of Construction Cost (adjusted as proc
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accord;mce
with Paragraph 8.);. or
.4 cooperate in revising the Project scope and quality as
requirelf to reduce the Construction Cust.
5.2.5 If the Owner chouses to proceed under Clause 5.2.4.4.
the Architect, without addilion:1i charge. shall modify the Con-
tract Doculllents ;1S necessary to comply with the fixed limit, if
established as a condition uf this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising Olll uf the establishment of a fixed limit.
The Architect shall be entitleu tu compensatiun in ;Iccordance
with this Agreenient for all services perfurmed whether or not
the Construction Phase is commenced.
See Special Stipulation
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICA TIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specif1catilins and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect sh:11I be deemed
the author of these documents and shall retain all common bw,
statutory and other reserved rights. including the copyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Dr:l\vings, Specifications or other documents shall not be
used by the Owner or others on other projects, fm additions to
this Project or for completion of this Project by others, unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6.2 Submission or distribution of uocuments to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
ARBITRA TION
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AlA DOCUMENT B141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTIi EDITION. AlAOl . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to tegal prosecution.;
B141-1987 6
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Ltl;'" ....o............ul\...lll "";b"l1...d L] [I.... On......., .\1...1.:(......[, .ul...I.".] ,Jll......
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.....Vlh.J(U( 1,J .LI~;LJ(jdll <.If .[L: ....Llilll, ....11..1,....(... '" ....11.~1 ll..ltt..... :..
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ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminaled by' either parey upon
not less than seven days' wriuen notice should the ocher parey
fail substal1Ci:1lly CO perform in accordance with the terms of this
Agreemem through no fault of the party initi;rting the tennination.
8.2 If the Project is suspended by the Owner for.more than 30
consecutive days, the Architect shall be compensated fOLser-
. .vices performed prior to notice of sllch 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 ArchiteG's services.
8.3 This Agreement may be terminated hy the Owner upon
not Jess than seven days' wrillen notice CO the Architect in the
event that the Project.is permanemly ab;mdoned. If the Project
is abandoned by the Owner for more.than 90 consecutive days,
the Architect may terminate this Agreement by giving wriuen
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses, the Architect may, upon seven
days' written notice to the Owner, suspend performance of ser-
vices under this Agreement. Unless p:lyment in full is received
by the Architect within seven days of the date of the notice, the
suspension shall take effect without fureher 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 termination, together with Reimbursable Expenses then due
and all Termination Expenses as ddlned in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for
Basic and Additional Services, and include expenses which arc
directly attributable to termination. Termination Expenses shall
be computed as a percentage of the total comp.ensation for
Basic Services anu Adc!itional Services earned to the time of ter-
mination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if termination
occurs before or during the predesign, site analysis, or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic anu
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five pefcent of the total compensation for l\;L~ic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shaJl be gov-
crned by the law of the princip31 place of business of the
Architect.
9.2 Terms in this Agreement shall have the same meaning as
those in AlA Document A20 I, General Conditions of the Con-
tract for Construction, current as of the date of this Agreement.
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable 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 Substantial
Completion.
9.4 The Owner and Architect waive all righls ;Igainst each
other and against the contr3ctors, consultants, agents and
employees of the other for damages, but only to the extent cov-
ered by property insurance during construction, except such
rights as they may have to the proceeds of such insurance as set
forth in the edition of AlA Documcnt A20 1 , 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 ;lIld :lgents.
9.5 The Owner ;md Architect, respectively, bind themselves,
their p3rtners, successors, assigns and leg:1l representatives to
the other party to this Agreement ;md to the partners, succes,
SOl'S, assigns and legal n:presentatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor
Architect sh:1ll 3.ssign this 'Agreement without the written con-
sent of the otheL
9.6 This Agreement represents the entire and integrated agree.
ment between the Owner and Architect ;md supersedes all
prior negoli:ttions, representations or Jgreements, either writ-
ten or oraL This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall creale a contrac,
tml relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or dispos:1l of or expo-
sure of persons to hazardous materials in any form at the Project
site, inducling but not limited to ;lsbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic subst;mccs.
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, ;unong the Architect's promotional and
professional materi3ls. The Architect's materials shall not
include the Owner's confidential or proprietary in (ormation if
the Owner has previously advised the Architect in writing of
7 B141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIAIl> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.c. 20006
WARNING: Unliclmsed photocopying violates U,S, copyright laws and Is subject to legal prosecutlon.
..
the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the cunslruCliun sign and in the pro-
motional materials fur the I'mjee!.
ARTICLE 10
PA YMENTS TO THE: ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel f:ngaged on the Project ami
the portion of the cost of their mandatory ;lIld customary con,
tributions and bcnefits related thefeto, sueh as employment
taxes and other statutory employee benefits, insuranCe, sick
leave, holidays, vacations, pensions ;mLl similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses arc 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 identit1ed in the follow-
ing Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connec,tion with authorized out-of-town
travel; long-distance communications; and fees paid for sccur-
ing approval of authoritk;s h;lving iUrlsdictiO)1 ovcr the Projcct.
See Speclal Stlpulatlons
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specit1cations and other documents.
. ~ee Soecial Stioulations
10.2.1.3 If authorized in advance by the Owner; expense of
overtime work requiring highcr than regular rates.
10.2.1.4 Expense of renderings, models ;md mock,ups requcsteLl
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insur;mce, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants. See Spec i a 1 St i pu 1 at i on s
10.2.1.6 Expense of computer-aiLled design and drafting
equipment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment ;L~ set forth in Paragraph 11.1 is the
minimum paymcnt under this Agreement.
r
10.3.2 Subsequent payments for Basic SelYices shaH be made
monthly mLl, 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 thatthc time initially established in
Subparagraph lIS I of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered c1uring the additional period of time shall be
computeLl in the manner set forth in Subp;lr;lgr;lph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and an y portions of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Project shaH be payable to the extent services are per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph I 1.2.2, based on (I) the lowest bona fide
bid or negotiated proposal, or (2) if no such bid or proposal is
recciveLl, 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 AclLlitional
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 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performeLl on the
basis of a multiple of Direct Personnel Expense shall be anil,
able to the Owner or the Owner's authorized representative at
mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of N/A Dollars(S N/A
shall be made upon execution of this Agreement and credited to the Owner's account at t1nal payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of I3asic Services, Basic
Compensation shall be computed as follows:
(blsert basis of cotJlfu!llsatioll. indruJillg stipulated sums, mul/ljJ/es ur percell/ages. (111(/ ide7111fy plJases to ll'lJicb particular me/buds of compeNsatioll ajJjJ~J'. if
necessary)
The Stipulated Sum of Seventy-Six Thousand and 00/100 ($76,000.00)
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlAI!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006
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, progr~ss payments for nasic Services
in each phase shall total the following perceIltages of the total Ih~ic Cl>Illpensation payable:
(lIlSL'rt "dditiolltl!I,/.Jast's os 1I1'llrofJritlle.)
Schem:llic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Ten
Twenty
Forty
Five
__u_..:____Iwenty-..::ELv.e
percent ( 10%)
percent ( 20%)
percent ( 40%)
percent ( 5 %)
percent ( ? 5 'X,)
one hundred percent (100%)
Total Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
N/A
11.3.2 FOR ADDITIONAL SEI{VICES OF THE ARCHITECT. as described in Articles 5 and 12, other th:m (I) Additionall'roject
Represent:ltion, as described in 1':lragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consult:1l1ts, compens:llion sh:i11 be computed as follows:
(IJlserl!J(lsis (~l (umfull/sa/iuJI, illc{lIdiJr.~ rail'S (lIul/or JJlIl/(ildl's (~( /Jirect 1't'rsfJ//J/t'II:'x!Jt.'IlSt'jtJ!' Prilln'/ulls (11Id {'Jllj1/f}.I'('('S, liNt! idclll(/1' fJril/uJltlls tllltl ddSSI/1'
f..'nt/J/o)'('('s. ~/ n-'l/uired !th'ItI{/J','!}(!cUh.: scrl'in's /u {{'bie" /){lr/iclllar me/buds (!r C()1J1/n'1Isll(ifJIl (//)I'~)', ~/ IH'CCSS(II:l'.)
Compensationshal.l. be based on an hourly rate as follows:
Architect $35.00/Hour
Intern Architect (Project Manager)
Cadd Operator (Technical Support)
Engineers
Clerical
$50.00/Hour
$40.00/Hour
$75.00/Hour
$25.00/Hour
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical :U1d electrical engineering
services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of
one poi nt zero ei ght 1.08) times the amounts billed to the Architect for such services.
(hletllify specific tJlles of crmsu/ttlllts ill Article 12, if reqllired)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses, a multiple of .) times the expenses incurred by the Architect, the Architect's
employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and pa}':Jble Twenty ( 20 ) d:JYs from the date of the Architect's invoice.
'mGWl1ts blAp9:itJ () aBj 3 ufter the iAyoiee €late shyJl Bear iAterest at th~ r:.lt~ ~~t'-~r,....\1 \:)/,.11"\\1', (~['
in tR@ al;lE@Rc@ th@r@8f ilt tR@ legal rate flr@"ailiRg keFR tim@ to time at tA@ flri1'l€ifJiH plllC@ 9f \;)\,jEin@EE gf tl'1@ ^ rcl:1itect.
cr
(Insert rate of imerest agreed upon.)
See Special Stipulation
(USUTJ' laws and requirements ullder the Fedel~al Truth ill Lending Act, similar stale a1uJ local consumer credit /au's (uul uther rCf.{u/a/iuns al the OU'1tt'r's ,,~ul A rc':,i-
tect's prirlcipal pt<lces of b/lsilwss, tbe locatio I" of (be Project <llId elsewllere m<lY ajfect tbe ualidily of tbis prouisiotl. Specific legal ad. 'ice sbo/lld be Ol)t<llll~d /l'ltb
respect 10 detetiolls or modifiwliolls, alld <llso regardillg requiremerlts sllcb (15 writtell disclosllres or Il'<liuers.)
9 8141-1987
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDtTION. AlA"' . @t987
THE AMERICAN INSTITUTE OF ARCHtTECTS, t 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006
WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution,
..
"
.' :...;.,
11.5.3 The ratcs and multiplcs sct forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
'(Insert descriptions of otheT sen'icf!s, fc/{","!}' Additiunal Sf..'l1'ice,fj ille/lldcd within /Jasic Cumpc1lsa/iOll (llld.!1lodiji"al!i()ll,S /0 tbe payment cJnd compensation terms
included in Ihis Agreeme"l.) .
12.1 Long distance phone calls/faxes, and mileage expenses are included in the
fee outlined in paragraph 11.2.1. Except if:inconjuction with a site visit
to another project related facility required by the owner.
12.2 Reproductions of 6 sets of plans and specifications are included in the
fee outlined .in paragraph 11.2.1. Additional copies, if any will be billed
in accordance with paragraph 10.2.1.2.
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 Architect, by
executing this Agreement specifically consents to venue in Richmond
County and waives any right to contest the venue in the Superior Court
of Richmond County, Georgia.
Allcommuoicatjons.to Architect shall be directed to Two State Design
Group, and all communications to Owner from Architect shall be deemed to
be from~nd onbehalf'of Two State Design Group. It is the intent of this
Agreement that Two State Design Group sh~ll be the representative of the
Architect to whom Owner shall direct all communications and upon whom
Owner can rely to be acting 9n behalf of the Architect.
This Agreement entered into as of the day and year first written above.
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ARCHITECT
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CAUTION: You sh~'~ Si;~ 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.
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(Prillted 1ll/lIIe and title)
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AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT' FOURTEENTH EDITION' AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 10
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal proseculion.
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SPECIAL STIPULATIONS
2.6.5 Add: The Architect will make on-site inspections of the project, not less than at weekly
intervals, as part of the Basic Services during the Construction Phase.
2.6.6 Add: The Architect shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or any other persons performing
portions of the wor!<; provided, however, nothing herein shall be construed as relieving the
Architect from responsibility or liability for such acts or omissions as would be revealed or
discovered in an on-site inspection, as provided herein, performed in accordance with
exercise of reasonable and ordinary care.
3.3.6 Add: "except as a result of the failure of the Architect to have discovered same in an on-
site inspection, as provided herein, performed in accordance with the exercise of
reasonable and ordinary care."
3.4.10 Architect shall provide as a part of the Basic Services estimates of construction costs inc
sufficient detclil to reasonably advise the Owner of the status of the project in relation to the
budget for same.
3.4.16 Architect shall provide as a part of the Basic Services two (2) sets of "Record Drawings"
indicating significant changes to the project.
5.2.5 Add: "subject to the provisions of Article 8."
10.2.1.1 Any other authorized travel shall be reimbursed to Architect at their actual costs, with
mileage to be charged at the rate of 25 cents per mile. Architect shall furnish detailed
accounting of all such expenses.
10.2.1.2 Add: "except costs which are offset from a non-refundable portion of plan deposits paid by
General and Sub-Contractors."
10.2.1.5
Architect, ,:IS a part of the Basic Services agrees to provide professional liability insurance
with limits.of at least Two Million ($2,000,000.00) dollars.
11.5.2
This Agrel~ment is intended by the Parties to, and does, supersede any and all provisions
of the GElorgia Prompt Pay Act, O.C.GA Section 13-11-1, et seq. In the event any
provision clfthis Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision I:>f this Agreement shall control.
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