Architect Contract Agreement

ARCHITECT AGREEMENT

THIS AGREEMENT made on between , “Owner”, and “Architect”.

NOW THEREFORE, 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

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, regulations, laws and ordinances. If the Architect shall deviate from such codes, regulations, law or ordinance, then it shall at its own expense make such corrections in the construction documents as may be necessary for compliance.

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.

(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.

D. CONSTRUCTION PHASE - GENERAL ADMINISTRATION OF CONSTRUCTION CONTRACTS

The Architect agrees that it, including its structural, mechanical and electrical engineers, will make 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.

(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.

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.

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.

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.

(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 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.

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 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 shall be billed at the actual cost to the Architect, plus percent (%) of such cost for supervision of such outside work.

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.

(c) Furnish or direct the Architect, in writing, to obtain at the Owner’s expense, a certified survey of the site.

(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.

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.

ARTICLE 7. REIMBURSABLE EXPENSE

The Architect shall be reimbursed:

(a) For all copies over () of the construction documents.

(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.

ARTICLE 8. PAYMENT FOR SERVICES

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.

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.

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.

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.

The Architect and its consultants shall, upon completion of the construction, receive redline as built drawings from the contractor.

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

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 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. 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 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.

ARTICLE 19. MODIFICATION OF ARTICLE 3. HEREINBEFORE

The services to be performed by Architect 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 shall perform only those services which are essential to this particular Project.

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 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.

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.

ARTICLE 22. GENERAL PROVISIONS

INDEPENDENT CONTRACTOR

The Architect shall perform its duties herein as an independent contractor and not as an employee.