Fill and Sign the Architect Contract Form

ARCHITECT AGREEMENT THIS AGREEMENT made on ____________________ , between ________________________ , “Owner”, and ____________________________ “Architect”. NOW THEREFOR E , the Owner and the Architect, for the considerations hereinafter set forth, agree as follows: ARTICLE 1. THE ARCHITECT PROMISES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS HEREINAFTER SET FORTH. ARTICLE 2. THE OWNER PROMISES TO PAY THE ARCHITECT AS COMPENSATION FOR ITS SERVICES TOTAL FEES NOT TO EXCEED ________________ . ARTICLE 3. BASIC SERVICES OF ARCHITECT FOR SERVICES IN CONNECTION WITH THE DESIGN OF A RESIDENCE / BUILDING, the Architect promises to perform the professional services for the contemplated project as delineated as follows: a) Complete design of a residence/building as specified by Owner. b) Performance of all other services as specified herein. In addition, the Architect promises to perform the professional services as set forth in 1., 2.A., 2.B., and 2.C., below: The building design as provided herein shall be referred to as the “Project.” 1. GENERAL These services shall be performed by the Architect or by consultants licensed or registered by the State of ___________ . 2. DEVELOPMENT OF THE PROJECT - 1 - A. SCHEMATIC DESIGN PHASE The Architect, or duly authorized representative, shall attend such conferences as may be requisite to a complete understanding of the Project. The Architect shall document all such conference notes and distribute same to the Owner. Schematic Design Studies shall be prepared in sufficient detail and number to come to an agreement on the Basic Design of the Project. When agreement has been reached on the Schematic Design, the Architect shall prepare a written report, accompanied by Drawings, setting forth the following: (a) Scope of site development; (b) Analysis of the structure as it relates to the Uniform Building Code; (c) Sketch floor plans, elevations and sections; (d) Sketches and descriptions of building plumbing, mechanical and electrical systems; (e) Area computations. Gross square footage, net square footage, volume; (f) Outline of proposed construction materials; (g) Preliminary timetable for Design Development; (h) Architect's estimate of construction cost. B. DESIGN DEVELOPMENT PHASE The Architect shall prepare a written report and Drawings outlining in detail Design Development Documents from the approved Schematic Design Study. The report, when submitted for approval, shall include: (a) Outline concepts of the proposed Structural, Mechanical, and Electrical Systems. (b) Respective floor plans; (c) Elevations; (d) Proposed finish schedule; (e) Outline specifications; (f) A timetable for the completion of the Contract Construction Documents; (g) An estimate of the construction costs; (h) Estimate of the time required for the construction of the Project. The Architect shall make certain to the best of its knowledge, information and belief, that the drawings and specifications prepared by it are in full compliance with all applicable codes (including building codes), regulations, laws and ordinances, including both technical and administrative provisions thereof, of the political subdivision wherein the project is located. Such drawings and specifications shall conform to the Uniform Building Code and related series, International Conference of Building Officials, the current edition as minimum standards. If the Architect shall deviate from such codes, regulations, law or ordinance, then it shall at its own expense make such corrections in the - 2 - construction documents as may be necessary for compliance. The Architect shall prepare the reasonably necessary renderings or perspectives to portray fully the project in whole or in part. Models, if required, will be made by the Architect at the Owner's expense. The final Design Development Documents shall be approved in writing by the Owner. C. CONSTRUCTION DOCUMENTS PHASE The Architect shall prepare the final Construction Documents from the approved Design Development Documents. These Construction Documents, when submitted for approval, shall include: (a) Complete Architectural, Structural, Mechanical and Electrical design drawings. These drawings shall be on Mylar or any equally durable and reproducible material. If the Project is a structure, the title sheet of the Project shall reflect an accurate take-off of: (1) Gross square footage, (2) Gross building volume. In addition, the net assignable square footage shall be shown when requested. These original drawings shall each bear the seal and signature of the Architect and the appropriate responsible professional Engineering Consultants. (b) The Architect's final estimate of construction cost. The final Construction Documents shall be approved by the Owner. The Architect shall furnish copies of the construction documents as follows, subject to limitations hereinafter set forth: (c) For bidding: Sufficient sets to insure distribution among prime contractors and subcontractors in accordance with the advertisement for bids. (d) For contract documents: The Owner will require up to _______ ( ___ ) sets for the contract documents. These construction documents may be the same as those used for bidding purposes. (e) For construction: Each prime contractor shall be furnished with a reasonable number of sets or partial sets of the construction documents to insure prompt prosecution of the work. (f) ____________ ( _____ ) complete sets of drawings and specifications shall be the maximum required to be furnished by the Architect. The Principal Representative will pay for all other sets of documents or partial sets of documents required at the cost of reproduction. - 3 - D. CONSTRUCTION PHASE - GENERAL ADMINISTRATION OF CONSTRUCTION CONTRACTS The Architect agrees that it, including its structural, mechanical and electrical engineers, will make, and the Contractor has the right to expect, periodic visits to the site to generally monitor the progress and quality of the work to determine in general if the work is proceeding in accordance with the Contract Documents. Observation may extend to all or any part of the work and to the preparation, fabrication or manufacture of materials. Specifically, the Architect has agreed to monitor for contract compliance the following: (a) Shop drawings; (b) Bearing surfaces of excavations before concrete is poured; (c) Reinforcing steel after installation and before concrete is poured; (d) Structural concrete; (e) Laboratory reports on all concrete; (f) Structural steel during and after erection and prior to its being covered or enclosed. (g) Mechanical work following its installation and prior to its being covered or enclosed. (h) Electrical work following its installation and prior to its being covered or enclosed. The Architect agrees to notify State Buildings Programs of specific visits it intends to carry out during the various phases of construction. The Architect shall exercise due diligence to safeguard the Owner against defects, deficiencies, noncompliance with drawings and specifications, and/or unsatisfactory workmanship. If, in the opinion of the Architect, the work is not being carried out in a sound, efficient and skillful manner, the Architect may temporarily suspend the work and shall notify the Owner setting forth the reasons. The Architect shall keep accurate accounts with respect to the work on the project and shall see to the proper issuance of a Certificate and Contractor's Application for Payment. If at any time the Architect delegates any of its responsibility for the monitoring of the work to some other person, such other person must be properly qualified by training and experience to monitor the work. The Owner shall review and - 4 - approve the qualifications of all persons, other than the Architect, performing the functions of the Architect in respect to the services required by this agreement. When the work is complete and ready for acceptance, the Contractor is required to file a written Notice with the Architect, who in turn shall notify the Owner, that the work, in the opinion of the Contractor, is complete under the terms of the Contract. This Notice shall receive prompt action by the notified parties. Within ten (10) days after the Contractor files written notice that the work is complete, the Architect, the Owner and the Contractor shall make a "final inspection" of the project to determine whether the work has been completed in accordance with the Contract Documents. A final punch list shall be made by the Architect in sufficient detail to fully outline to the Contractor: (a) Work to be completed, if any; (b) Work not in compliance with the drawings or specifications, if any; (c) Unsatisfactory work for any reason, if any. The required number of copies of the punch list will be signed by the Owner and will then be transmitted by the Architect to the Contractor. The Architect shall notify the Owner that to the best of its knowledge and belief, the project has been completed in accordance with the contract documents; all items on the final punch list satisfied; and recommend the acceptance of the Project. The Architect, the Owner and the Contractor shall make at least two complete inspections of the work after the work has been accepted. One such inspection, the "Six-Month Guaranty Inspection", shall be made approximately six (6) months after the acceptance of the work; and another such inspection, the "Eleven-Month Guaranty Inspection", shall be made approximately eleven (11) months after the acceptance of the work. The Owner shall schedule and so notify all parties concerned of these inspections. Written punch lists and reports of these inspections shall be made by the Architect and forwarded to the Contractor within ten (10) days after the completion of the inspections. The Contractor shall immediately initiate such remedial work as may be necessary to correct any deficiencies or defective work shown by this report, and shall promptly complete all such remedial work in a manner satisfactory to the Architect and the Owner. The Architect shall follow through on all punch list items and notify the Owner when such have been completed. ARTICLE 4. ADDITIONAL COMPENSATION If the Architect is caused additional service, drafting or other expense due to changes ordered by the Owner after the Design Development Phase has been approved or by other - 5 - circumstances beyond the Architect's control and not occasioned by any neglect or default of the Architect, then the Architect shall be reimbursed its cost for such additional service. Additional services by the Architect, authorized by the Owner will be billed at the hourly rates proposed in the Wage Rates Schedule, Exhibit A. Other necessary outside services, such as structural, mechanical, or electrical engineering performed by independent consultants, will be billed at the actual cost to the Architect, plus _____ percent (___ %) of such cost for supervision of such outside work. In addition, the Architect shall also be reimbursed its actual cost of reproduction of additional drawings and specifications. The Architect shall maintain an accurate cost accounting system as to all such additional expenses and shall make available to the Owner all records, canceled checks and other disbursement media to substantiate any and all requests for payments hereunder. The Architect shall file with the Owner, and, prior to incurring such expenses, secure its approval of rates per hour, per day, or other basis of cost for its architectural, structural, mechanical and electrical engineering services. The expenditures under this provision shall be disapproved unless the Architect first shall have filed with the Owner an estimate of the maximum cost of such additional service and been authorized, in writing, by the Owner to proceed. If such an estimate is filed with the Owner, then payment shall not exceed the maximum cost estimated by the Architect and approved by the Owner. If it shall prove impossible to secure one or more bona fide bids from reliable contractors based on drawings and specifications prepared by the Architect at a price not exceeding the authorized construction cost of the work, then the Architect shall, if desired by the Owner, change the drawings and specifications at its own expense in such manner, acceptable to the Owner, as may be found necessary to secure bids from reliable contractors at not more than the authorized construction cost, provided, however, that where the difference between the authorized construction cost and the cost of the work as revealed by the bids is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of the Architect, between the date of authorization by the Owner to proceed with preparation of construction documents and the date when the bids are opened, the Owner shall reimburse the Architect as described above. If any work designed or specified by the Architect in the scope and course of its employment hereunder is abandoned or suspended by the Owner for cause not attributable to the Architect's services, the Architect shall be equitably compensated for the service rendered on account of the work so abandoned or suspended. ARTICLE 5. THE OWNER’S RESPONSIBILITIES The Owner shall: (a) Provide full information as to its requirements for the Project. (b) Designate, when necessary, a representative authorized to act in its behalf. The Owner shall examine documents submitted by the Architect and render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. The Owner shall observe the procedure of issuing orders to contractors only through the Architect. - 6 - (c) Furnish or direct the Architect, in writing, to obtain at the Owner’s expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the building site; locations, dimension and complete data pertaining to existing buildings, other improvements and trees; full information as to available service and utility lines both public and private; and test borings and pits necessary for determining subsoil conditions. (d) Pay for structural, chemical, mechanical, soil mechanics or other tests and reports if required. (e) Arrange and pay for such legal, audit and insurance counseling services as may be required for the Project. If the Owner observes or otherwise becomes aware of any defect in the Project, it shall give prompt written notice thereof to the Architect. ARTICLE 6. PROJECT CONSTRUCTION COST The project construction cost means the cost of the work to the Owner, but such cost shall not include any Architect's or special consultant's fees or reimbursement or the cost of a Construction Inspector, or equipment installed by the Owner under separate contract unless the Architect is required by the Owner to prepare drawings and specifications, and monitor the installation of such equipment. When labor or material is furnished by the Owner below its market cost, the cost of the work shall be computed upon the market cost as to such labor or materials furnished by the Owner. ARTICLE 7. REIMBURSABLE EXPENSE The Architect shall be reimbursed: (a) In accordance with the provisions of ARTICLE 3.2.C. of this agreement, for all copies over ____________ ( ___ ) of the construction documents which are provided for the project. (b) The costs of all items furnished by the Architect in accordance with ARTICLE 5. (c) and (d). (c) Fees of special consultants if their employment is authorized in advance by the Owner for other than the normal structural, mechanical and electrical engineering services. The Architect shall make as a part of its services all required trips to the project site. ARTICLE 8. PAYMENT FOR SERVICES - 7 - Payments to the Architect shall be ________ dollars or ________ % of the construction cost “Basic Fee,” and shall be made as follows: (a) Upon completion of existing drawing review and field investigations of Schematic Design Phase a sum equal to ________ percent (%) of the basic fee. (b) Upon completion of the Design Development Phase a sum sufficient to increase payments to ________ percent (%) of the basic fee. (c) During the Construction Documents Phase monthly payments based upon Architect's costs and aggregating at the completion thereof a sum sufficient to increase payments to ________ percent (%) of the basic fee. (d) The balance of the Architect's fee, based upon the final cost of the work. Final payment shall not be made until after the project is accepted, all guaranties, certificate of completion, and all as-built drawings and reproducible copies are delivered to the Owner, and the Agreement is otherwise fully performed by the Architect except for the inspections required during the guaranty year. Payments to the Architect, other than those of its fee, fall due from time to time as its work is done or as costs are incurred. No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contractor. ARTICLE 9. ARCHITECT’S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this Project and records of accounts between the Owner and Contractor shall be kept on a generally recognized accounting basis and shall be available to the Owner or its authorized representative at mutually convenient times and extending to three (3) years after final payment under this agreement. ARTICLE 10. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination, due to the fault of others than the Architect, the Architect shall be paid for services performed to termination date, including reimbursements then due. ARTICLE 11. OWNERSHIP OF DOCUMENTS Drawings and specifications as instruments of service are the property of the Owner whether the work for which they are made be executed or not, and are not to be used on other work except by agreement with the Architect. The Architect shall, upon completion of the work, furnish the Owner, the original tracings corrected to be record drawings of the Project. - 8 - ARTICLE 12. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, successors and assigns of the Architect. ARTICLE 13. CHANGES IN DRAWINGS The Architect shall maintain careful supervision over all changes in the final drawings in the course of the work. All change orders shall be on forms supplied by the Owner and the Architect shall keep a current record of all variations or departures from the drawings and specifications as originally approved. Every change order must be approved by the Owner and the Architect, except that the approval of the Owner shall not be required in a case involving a matter of emergency, safety or health. The Architect shall carefully monitor all changes during the course of the work. All requests for change orders must be made in writing and approved by the Owner. The Architect and its consultants shall, upon completion of the construction, receive redline as built drawings from the contractor. These redline changes shall describe the built condition of the project. ARTICLE 14. PROFESSIONAL ASSOCIATION PERMITTED The Architect may, with the prior written consent of the Owner, join with other duly licensed architects or registered engineers in the performance of this Agreement if, in good faith, it is able to enter into such associations. ARTICLE 15. ASSIGNMENT OF AGREEMENT NOT PERMITTED The Architect may not assign its performance of this Agreement, or any money due or to become due by operation of this Agreement, without prior written consent of the Owner. ARTICLE 16. INSURANCE It is agreed and understood Architect shall maintain in full force and effect adequate comprehensive general liability insurance and property damage insurance, as well as workmen's compensation and employer's liability insurance. Architect shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of the Services contemplated in this Agreement, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and is caused in whole or in part by any negligent act or omission of Architect, any consultant or associate thereof, anyone directly or indirectly employed by Architect, or anyone for whose acts any of them may be liable. Architect shall submit a Certificate of Insurance at the signing of this Agreement and also any notices of Renewal of said Policy as they occur. ARTICLE 17. - 9 - PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS The Architect promises and agrees to maintain in full force and effect an Errors and Omissions or Professional Liability Insurance Policy in the amount of $ ______________ .00 minimum coverage or such other minimum coverage as determined by the Owner. The policy shall remain in effect for the duration of this Agreement and for at least two years beyond the completion and acceptance of the facility. The Architect shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of Professional Services contemplated in this Agreement, provided that any such claim, damage, loss or expense is attributable to bodily injury or death, or to injury to or destruction of tangible property, or to failures of the structure or facility, including the loss of use resulting therefrom, and is caused, in whole or in part, by any negligent act, error or omission of the Architect, any consultant or associate thereof, anyone directly or indirectly employed by Architect. The Architect shall submit a Certificate of Insurance verifying said coverage at the signing of this Agreement and also any notices of Renewals of the said policy as they occur. ARTICLE 18. GOVERNING LAW The laws of the State of __________ and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other-wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the Agreement is capable of execution. ARTICLE 19. MODIFICATION OF ARTICLE 3. HEREINBEFORE The services to be performed by Architect, as specified and described in ARTICLE 3. "BASIC SERVICES OF Architect" hereinabove, are those services ordinarily contemplated in the design and construction of an entirely new and complete building, whereas the Project hereof is as set forth in the recitals to this AGREEMENT, and the Architect of said services of ARTICLE 3. shall perform only those services which are essential to this particular Project, and which are customarily performed in the professional practice of Architecture and Consulting Engineering, in the community, for projects of similar character, scope and magnitude. ARTICLE 20. EXTENT OF AGREEMENT 1. INTEGRATED AGREEMENT This agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either - 10 - written or oral. This agreement may be amended only by written instrument signed by both the Owner and the Architect. 2. INCORPORATION OF OTHER DOCUMENTS Owner and Architect understand and agree the attachments and exhibits hereto are and shall be integral parts of this Agreement and the terms and provisions thereof are hereby incorporated, made a part of and shall supplement those recited herein. In the event of any conflict, or variance, the terms and provisions of this printed Agreement shall supersede, govern and control. ARTICLE 21. INDEMNIFICATION To the extent authorized by law, the Architect shall indemnify, save and hold harmless the Owner, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney's fees, to the extent such claims are caused by any professional act or omission of, or breach of contract by, the Architect, its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement, but not to the extent such claims are caused by any act or omission of, or breach of contract by, the Owner, its employees, agents, other contractors or assignees, or other parties not under the control of or responsible to the Architect. ARTICLE 22. GENERAL PROVISIONS INDEPENDENT CONTRACTOR The Architect shall perform its duties herein as an independent contractor and not as an employee. Neither the Architect nor any agent or employee of the Architect shall be or shall be deemed to be an agent of employee of the State. Architect shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of Architect, its employees and agents. OWNER ________________________________ ARCHITECT __________________________________ - 11 -