Group Title: Historic St. Augustine: Local Projects - Montgomery House
Title: [Memo to John W. Griffin re: Architect Contract on Joaneda House Project]
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Permanent Link: http://ufdc.ufl.edu/UF00094804/00025
 Material Information
Title: Memo to John W. Griffin re: Architect Contract on Joaneda House Project
Series Title: Historic St. Augustine: Local Projects - Montgomery House
Physical Description: Correspondence
Language: English
Creator: Steinbach, Robert H.
Publication Date: 1975
Copyright Date: Public Domain
Physical Location:
Box: 6
Divider: B15 L7 Joaneda - Architecture, History, Archaeology
Folder: Local Projects - Montgomery House
 Subjects
Subject: Saint Augustine (Fla.)
57 Treasury Street (Saint Augustine, Fla.)
Joaneda House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 57 Treasury Street
Coordinates: 29.893459 x -81.313492
 Record Information
Bibliographic ID: UF00094804
Volume ID: VID00025
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: B15-L7

Full Text







HISTORIC ST. AUGUSTINE PRESERVATION BOARD

MEMORANDUM

March 7, 1975


TO:

FROM:

SUBJECT:


John W. Griffin

Robert H. Steinbach 5

Architect Contract on Joaneda House Project


I have read over the attached contract between the Historic St.

Augustine Preservation Board as owner and Fisher & Shepard, Architects

and Planners, Inc. as architects, and can find no objection to it. I would

therefore recommend completion by signature.








THE AMERICAN INSTITUTE OF ARCHITECTS


AIA Document B141

Standard Form of Agreement Between

Owner and Architect



THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION


AGREEMENT

made this gf day of Marc4
Hundred and *. -* ',

BETWEEN the Owner:
Historic St. Augustine Preservation Board


in the year of Nineteen


and the Architect:
Fisher & Shepard, Architects & Planners, Inc.

For the following Project:
(Include detailed description of Project location and scope)

Restoration and adaptation of the Joaneda House, 57 Treasury Street,
St. Augustine, St. John's County, Florida.







The Owner and the Architect agree as set forth below.
AtA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDON AIA@ 01974'
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., W/WINGTON, D. C. 20006







THE AMERICAN INSTITUTE OF ARCHITECTS


AIA Document B141


Standard Form of Agreement Between

Owner and Architect



THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION


AGREEMENT

made this
Hundred and


gt
5'er'0*-AV<


day of Mare


in the year of Nineteen


BETWEEN the Owner:
Historic St. Augustine Preservation Board

and the Architect:
Fisher & Shepard, Architects & Planners, Inc.

For the following Project:
(Include detailed description of Project location and scope)

Restoration and adaptation of the Joaneda House, 57 Treasury Street,
St. Augustine, St. John's County, Florida.







The Owner and the Architect agree as set forth below.
AIA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AIA@ 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006











MULTIPLE OF DIRECT PERSONNEL EXPENSE


I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.

II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of
this Agreement.
1 1.


A. FOR NM A"xa
tion shall be computed:
IhoXx as follows:


, as described in Paragraphs compensa-
xxxxxxxxxxxxifiW X'drx x'xx


For the purposes of this Agreement, the Principalmoax is: Herschel E. Shepard, Jr.
The Principal''s time shall be computed on a per diem basis of Two
Hundred Twenty-five_Dollars ($225.00) per day. Per diem rate shall
be applicable only to a full eight-hour work day devoted to this Project.
Services provided under this paragraph shall not exceed $1350.00, and
shall relate solely to Special Services for Preservation as defined under
Article 1.4.







B. AN INITIAL PAYMENT OF (Not applicable)
dollars ($
shall be made upon the execution of this Agreement and credited to the Owner's account.

C. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5stta

*D. See below
III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-
ment that:

A. IF SCOPE of the Project is changed materially, compensation shall be subject to renegotiation.

B. IF THE SERVICES covered by this Agreement have not been completed within twenty-four
( 24 ) months of the date hereof, the amounts of
compensation, rates and multiples set forth in Paragraph II shall be subject to renegotiation.


*D FOR THE ARCHITECT 'S BASIC AND ADDITIONAL SERVICES, as described in
Paragraphs 1.1 and 1.3, compensation computed as follows:

A lump sum fee of $3,800.00


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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT


ARTICLE 1

ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal struc-
tural, mechanical and electrical engineering services
and any other services included in Article 14 as
Basic Services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall confirm such requirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the
Architect shall prepare Schematic Design Studies consist-
ing of drawings and other documents illustrating the
scale and relationship of Project components for ap-
proval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the entire Project as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved
Design Development Documents, for approval by the
Owner, Drawings and Specifications setting forth in
detail the requirements for the construction of the entire
Project including the necessary bidding information, and
shall assist in the preparation of bidding forms, the Con-
ditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any
adjustments to previous Statements of Probable Con-
struction Cost indicated by changes in requirements or
general market conditions.
1.1.8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement


of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
CONSTRUCTION PHASE ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the
award of the Construction Contract and will terminate
when the final Certificate for Payment is issued to the
Owner.
1.1.11 The Architect shall provide Administration of the
Construction Contract as set forth in AIA Document
A201, General Conditions of the Contract for Construc-
tion, and the extent of his duties and responsibilities and
the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to
the Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the
site to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract
Documents. On the basis of his on-site observations as
an architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the Con-
tractor. The Architect shall not be required to make
exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. The Architect shall not
be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall
not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on
the Contractor's Applications for Payment, the Architect
shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts. The
issuance of a Certificate for Payment shall constitute a
representation by the Architect to the Owner, based on
the Architect's observations at the site as provided in
Subparagraph 1.1.14 and the data comprising the Appli-
cation for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to
an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract


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Documents, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount
certified. By issuing a Certificate for Payment, the Archi-
tect shall not be deemed to represent that he has made
any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of
the Contract Sum.
1.1.16 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Docu-
ments and the impartial judge of the performance there-
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
tractor relating to the execution and progress of the Work
and on all other matters or questions related thereto.
The Architect's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in his reasonable opinion, he considers it nec-
essary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have
authority to require special inspection or testing of any
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated,
installed or completed.
1.1.18 The Architect shall review and approve shop
drawings, samples, and other submissions of the Contrac-
tor only for conformance with the design concept of the
Project and for compliance with the information given
in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to de-
termine the Dates of Substantial Completion and final
completion, shall receive and review written guarantees
and related documents assembled by the Contractor, and
shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the
acts or omissions of the Contractor, or any Subcontrac-
tors, or any of the Contractor's or Subcontractors' agents
or employees, or any other persons performing any of
the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than
is described under Subparagraphs 1.1.10 through 1.1.21
inclusive is required, and if the Owner and Architect
agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be
selected, employed and directed by the Architect, and the
Architect shall be compensated therefore as mutually
agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of au-
thority of such Full-Time Project Representatives shall be
set forth in an exhibit appended to this Agreement.


1.2.4 Through the on-site observations by Full-Time
Project Representatives of the Work in progress, the Ar-
chitect shall endeavor to provide further protection for
the Owner against defects in the Work, but the furnish-
ing of such project representation shall not make the
Architect, responsible fp9r ,c9nstirction means, methods,
techniques, sequences or procedures, or for safety pre-
cautions and programs, or for the Contractor's failure to
perform the Work in accordance with the Contract
Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when au-
thorized in writing by the Owner, and they shall be
paid for by the Owner as hereinbefore provided.








1.3.1 Providing design services relative to future facili-
ties, systems and equipment which are not intended to
be constructed as part of the Project.







1.3.2 Providing Detailed Estimates of Construction Cost
or detailed quantity surveys or inventories of material,
equipment and labor.
1.3.3 Providing interior design and other services re-
quired for or in connection with the selection of furni-
ture and furnishings.
1.3. 4 Providing services for planning tenant or rental
spaces.
1.3. 5 Making revisions in Drawings, Specifications or
other documents when such revisions lare inconsistent
with written approvals or instructions previously given
and are due to causes beyond the control of the Archi-
tect.
1.3. 6 Preparing supporting data and other services in
connection with Change Orders if the change in the
Basic Compensation resulting from the adjusted Contract
Sum is not commensurate with the services required of
the Architect.
1.3. 7 Making investigations involving detailed apprais-
als and valuations of existing facilities, and surveys or
inventories required in connection with construction
performed by the Owner.
1.3. 8 Providing consultation concerning replacement
of any Work damaged by fire or other cause during con-
struction, and furnishing professional services of the type


AIA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AIA @1974
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1.4 SPECIAL SERVICES FOR PRESERVATION OF
HISTORIC STRUCTURES (See Supplementary pro-
visions of the Articles).


set forth in Paragraph 1.1 as may be required in connec-
tion with the replacement of such Work.
1.3.9 Providing professional services made necessary
by the default of the Contractor. "1mitjdgil




.tftde~~~f


1.3.10 Providing extensive assistance in the utilization
of any equipment or system such as initial start-up or
testing, adjusting and balancing, preparation of operation
and maintenance manuals, training personnel for opera-
tion and maintenance, and consultation during operation.
1.3.11 Providing services after issuance to the Owner of
the final Certificate for Payment.
1.3.12 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration Pro-
ceeding or legal proceeding.
1.3. 13 Providing services of professional consultants for
other than the normal structural, mechanical and electri-
cal engineering services for the Project.
1.3. 14 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1-4 (See above) ARTICLE 2

THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including
a complete program, regarding his requirements for the
Project.
2.2 The Owner shall designate, when necessary, a rep-
resentative authorized to act in his behalf with respect to
the Project. The Owner shall examine documents sub-
mitted by the Architect and shall render decisions per-
taining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services. -
2.3 The Owner shall furnish a certified land survey of
the site giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights-of-way,
restrictions, easements, encroachments, zoning, deed re-
strictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing
buildings, other improvements and trees; and full infor-
mation concerning available service and utility lines both
public and private, above and below grade, including
inverts and depths.
2.4 The Owner shall furnish the services of a soils engi-
neer or other consultant when such services are deemed
necessary by the Architect, including reports, test borings,
test pits, soil bearing values, percolation tests, air and
water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining sub-
soil, air and water conditions, with appropriate profes-
sional recommendations.


2.5 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and
insurance counseling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has
used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports re-
quired by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.8 If the Owner becomes aware of any fault or defect
in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof
to the Architect.
2.9 The Owner shall furnish information required of him
as expeditiously as necessary for the orderly progress of
the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis
for determining the Architect's Compensation for Basic
Services, it shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as
follows, with precedence in the order listed:
3.1.1 For completed construction, the cost of all such
Work, including costs of managing construction;
3.1.2 For Work not constructed, (1) the lowest bona fide
bid received from a qualified bidder for any or all of such
Work, or (2) if the Work is not bid, the bona fide nego-
tiated proposal submitted for any or all of such Work; or


3.1.3 For Work for which no. such bid or proposal is
received, (1) the latest Detailed Estimate of Construction
Cost if one is available, or (2) the latest Statement of
Probable Construction Cost.
3.2 Construction Cost does not include the compensa-
tion of the Architect and his consultants, the cost of the
land, rights-of-way, or other costs which are the responsi-
bility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished
by the Owner for the Project shall be included in the
Construction Cost at current market rates including a
reasonable allowance for overhead and profit.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best judgment as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of determining bid prices, or over com-
petitive bidding or market conditions. Accordingly, the


AIA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AlA @1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 5









Architect cannot and does not guarantee that bids will
not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is estab-
lished as a condition of this Agreement, it shall be in
writing signed by the parties and shall include a bidding
contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is estab-
lished, the Architect shall be permitted to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Docu-
ments, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The archi-
tect may also include in the Contract Documents alter-
nate bids to adjust the Construction Cost to the fixed
limit.
3.5.1 If the Bidding or Negotiating Phase has not com-
menced within six months after the Architect submits the
Construction Documents to the Owner, any fixed limit
of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the
general level of prices which may have occurred in the
construction industry for the area in which the Project is
located. The adjustment shall reflect changes between
the date of submission of the Construction Documents
to the Owner and the date on which proposals are
sought.
3.5.2 When a fixed limit of Construction Cost, including
the Bidding contingency (adjusted as provided in Sub-
paragraph 3.5.1, if applicable), is established as a condi-
tion of this Agreement and is exceeded by the lowest
bona fide bid or negotiated proposal, the Detailed Esti-
mate of Construction Cost or the Statement of Probable
Construction cost, the Owner shall (1) give written ap-
proval of an increase in such fixed limit, (2) authorize re-
bidding the Project within a reasonable time, or (3) co-
operate in revising the Project scope and quality as re-
quired to reduce the Probable Construction Cost. In the
case of (3) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The
providing of such service shall be the limit of the Archi-
tect's responsibility in this regard, and having done so,
the Architect shall be entitled to compensation in accord-
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of
professional, technical and clerical employees engaged
on the Project by the Architect, and the cost of their
mandatory and customary benefits such as statutory em-
ployee benefits, insurance, sick leave, holidays, vacations,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect, his employ-


ees, or his professional consultants in the interest of the
Project for the expenses listed in the following Subpara-
graphs:
- -- - -. .







5.1.1 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates and
expense of renderings or models for the Owner's use.





5.1.2 (See Supplementary Provisions to the
ARTICLE 6 Articles)
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Serv-
ices shall be made as follows:
6.1.1 fee sh roraed in ac-




















Sec oe ces for Preservation
6.2 Payments or l f the Architect as
defined in Paragraph 1.4 and for Reimbursable Expenses
as defined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall be; made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors.
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect


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shall be paid his compensation for services performed
prior to receipt of written notice from the Owner.of such
suspension or abandonment, together with Reimbursable
Expenses then due and all termination expenses as de-
fined in Paragr?_gl..resulti .,fr..- sch-sp.esin r.
abandonment. If'the Project is resumed after bemig sus-
pended for more than three months, the Architect's
compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days after the date of billing.

ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertain-
ing to Additional Services on the Project and for services
performed on the basis of a Multiple of Direct Personnel
Expense shall be kept on a generally recognized account-
ing basis and shall be available to the Owner or his
authorized representative at mutually convenient times.

ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
8.2 In the event of termination due to the fault of par-
ties other than the Architect, the Architect shall be paid
his compensation for services performed to termination
date, including Reimbursable Expenses then due and all
termination expenses.
8.3 Termination Expenses are defined as Reimbursable
Expenses directly attributable to termination, plus an
amount computed as a percentage of the total compen-
sation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De-
velopme'nt Phase; or,
5 percent if termi"atic,,P curs'during g'aiy subst-
quent phase., .

ARTICLE 9
OWNERSHIP OF DOCUMENTS



They are not to be used by the Owner on other projects
or extensions to this Project except by agreement in writ-
ing and with appropriate compensation to the Architect.
Documents shallbecgme the property of the
Owner upon ARTICLE 10/ /completion of prc
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal representatives to


the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement.
Neither the Owner nor the Architect shall assign, sublet
or transfer his interest in this Agreement without the
written consent of the other.

ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of, or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutually
agree otherwise. No arbitration, arising out of, or relating
to this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional party not a party
to this Agreement except by written consent containing a
specific reference to this Agreement and signed by all the
parties hereto. Any consent to arbitration involving an
additional party or parties shall not constitute consent to
arbitration of any dispute not described therein or with
any party not named or described therein. This Agreement
to arbitrate and any agreement to arbitrate with an addi-
tional party or parties duly consented to by the parties
hereto shall be specifically enforceable under the pre-
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and
with the American Arbitration Association. The demand
shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no
event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be fi-
nal, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction
thereof.

ARTICLE 12
EXTENT OF 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
Owner and Architect.

ARTICLE 13
)ject. GOVERNING LAW

Unless otherwise specified, this Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.


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ARTICLE 14
OTHER CONDITIONS OR SERVICES

See Supplementary Provisions to the Articles attached (2 pages).


This Agreement executed the day and year first written above.

OWNER ARCHITECT


ri t.A n director Bwd e
Hi oric St. Alistine Preservation Bd. Tisher & Shepard., Arcitects & Planners, Inc.


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SUPPLEMENTARY PROVISIONS TO THE ARTICLES


ARTICLE 1 ARCHITECT'S SERVICES

1.4 Special Services for Preservation of Historic Structures.

If any of the following Special Services for Preservation of Historic Structures
are authorized by the Owner, they shall be paid for as hereinbefore provided.

SCHEMATIC DESIGN PHASE
1.4.1 In addition to the Basic Services during the Schematic Design Phase, the
Architect shall make an initial investigation of the Project and make preliminary
determinations involving the scope of required historic preservation services. This
shall include the following, as required.

1.4.1.1 Evaluation of the historic and architectural significance of the Project.
1.4.1.2 Preliminary identification of original Work still in Place.
1.4.1.3 Identification of Work anachronistic to the historic period during which
the Project was constructed.
1.4.1.4 Investigation and analysis of the structural condition of the Project.
1.4.1.5 Preparation of a written report of findings and recommendations. This
shall include preliminary recommendations concerning (1) removal of anachronistic
work, (2) the extent of restoration justified, and (3) modernizations other than
complete restoration which will make the Project suitable for current functional
requirements, including potential private and public uses, and which will not un-
reasonably impair the historic character of the Project. A Statement of Probable
Construction Cost shall be submitted to the Owner in accordance with Subparagraph
1.1.3.

DESIGN DEVELOPMENT PHASE

1.4.2 In addition to the Basic Services during the Design Development Phase, the
Architect shall perform the following services, as required:

1.4.2.1 Selecting and directing historic and archaeological consultants and
necessary labor to assist in the removal of existing floors, wall surfaces,
mantels, trim and other materials necessary to determine the condition and se-
quence of construction.
1.4.2.2 Making measured drawings and taking photographs of all existing condi-
tions and features as they are exposed during the progress of the Work.
1.4.2.3 Identifying and establishing the dates of the various periods of
construction.
1.4.2.4 Preparing research reports on the findings of the architectural,
archaeological, and historic investigations illustrated by (1) measured drawings
and photographs of significant remains and other physical and documentary evi-
dence of the history of the Project; (2) preliminary drawings based upon research
findings to illustrate the recommended concept and scope of the restoration, and
(3) presentation drawings, including site and plans of environs.


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CONSTRUCTION DOCUMENTS PHASE


1.4.3 In addition to the Basic Services during the Construction Documents Phase,
the Architect shall perform the following services, as required.

1.4.3.1 Providing in the Contract Documents for the reproduction of those fea-
tures essential to the historic architectural character of the Project.

1.4.3.2 Providing in the Contract Documents for the protection of those fea-
tures which are to remain and must be protected from damage, and those items
which are to be removed and later reincorporated in the finished Work.

1.4.3.3 Designing and locating contemporary heating, plumbing, air conditioning,
electrical, fire protection devices, and other equipment to minimize their effect
on the historic architectural value of the Project.

1.4.3.4 Submitting a further Statement of Probable Construction Cost in accor-
dance with Subparagraph 1.1.7.

CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT

1.4.4 In addition to the Basic Services during the Construction Phase, the Architect
shall provide sufficient on-site project representation for interpretation of the
Contract Documents so that the Work achieves the historic character intended.

1.5 FINAL ARCHITECTURAL< RECORD REPORT

1.5.1 The Architect shall prepare.an architectural record for the Project which shall
include record drawings.of conditions existing before, discovered during investigation
and discovered during construction. The report shall include drawings, photographs
and a brief of the historic and archaeological reports, specifically noting those
items significant to the restoration.

ARTICLE 9 OWNERSHIP OF DOCUMENTS

The provisions of this Article shall also apply to detailed reports, photographs,
measured drawings of existing conditions, and other documents prepared during the
performance of services.

(End of Supplementary Provisions)


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