STANDARD TERMS AND CONDITIONS FOR ARCHITECTURAL SERVICES ©
2020 Archizone ®, PC Client(s) Initials Page 2 of 2 Selection of Qualified Contractor(s).
If the Architect is not contracted to provide Construction Management Services, the Client shall select a qualified contractor(s) with a minimum of three (3) years of construction experience in work similar in nature to the Project Description located in the immediate vicinity. The contractor shall provide a minimum of three (3) references as mutually agreed upon by the Client and the Architect. Consultants. The Client shall furnish the services of consultants when such services are requested by the Architect and are reasonably required by the Scope of Services.
1. SCHEDULE
The Architect shall commence work on this project within twenty (20) business days of authorization to proceed. Immediately upon commencement, the Architect shall prepare a mutually acceptable schedule for the delivery of the project. Professional fees developed for this project shall be based on this schedule. Modifications, such as accelerated schedules, project delays, or extensions, which are not under the control of the Architect, are subject to an increase in the Architect’s compensation. If through no fault of the Architect, the Scope of Services has not been completed within twelve (12) months of the date first specified on the Letter of Agreement, compensation for the Architect’s services beyond that time shall be considered Additional Services.
2. OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the Architect pursuant to this Agreement are instruments of the Architect’s professional service, and the Architect shall retain an ownership and property interest therein. The Architect grants the Client a license to use instruments of the Architect’s professional service for the purpose of constructing, occupying, and maintaining this specific Project. Reuse and/or modification of any such documents, without the Architect’s written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold the Architect harmless from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client. Notice of Copyright. All ideas, designs, arrangements, and/or plans indicated or represented by the Architect’s drawings will be created, evolved, and developed for use on this specific Project. Nonesuch ideas, designs, arrangements, and/or plans shall be used by or disclosed to any purpose whatsoever without the written permission of the Architect.
3. PUBLICITY
The Architect and its consultants shall have the right to photograph the Project and to use the photographs in the promotion of its professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
4. INSURANCE, INDEMNITY, AND LIMITATIONS Insurance.
The Architect shall maintain Workman’s Compensation, General Liability, and Professional Liability Insurance throughout the period of this Agreement. Certificates of insurance are available on request. The expense of any additional insurance coverage or increased policy limits of liability beyond, including professional liability insurance, requested by the Client in excess of the standard coverage of the Architect and its consultants shall be borne by the Client. The Client shall require the contractor to name the Architect as an Additional Insured on the contractor insurance policy. Limitation of Liability. For any damage on account or error, omission or other professional negligence, the Architect’s liability shall be limited to the Architect’s fee received under this Agreement. Waiver of Consequential Damage. The Architect and the Client waive consequential damage for claims, disputes, and other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with the provisions defining termination. Hazardous Substances. The Architect shall not be responsible for the identification, removal, testing, and/or certification of removal relative to any hazardous substance including, but not be limited to, PCB, petroleum, mold infestation, hazardous waste, asbestos, lead, and any other similar substances. The Architect and the Client acknowledge that the Scope of Services does not include any items related to a Hazardous Environmental Condition. Unforeseen, Latent, or Hidden Conditions. Unforeseen, latent, or hidden conditions may not be readily ascertainable regardless of the extent of the investigation. Such conditions may impact the design and necessitate extensive revisions to the design. When architectural services are required to address these conditions, those services shall be deemed Additional Services.
5. STANDARD OF PRACTICE
Services performed by the Architect under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of their respective professions practicing in the same locality under similar conditions. No other representation expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or any report, opinion, document, or otherwise.
6. DISPUTE RESOLUTION
Mediation and Arbitration. It is mutually agreed that the terms of this Agreement shall be binding upon both parties and their successors, executors, administrators and assigns. Any dispute or claim arising in connection with this Agreement shall be submitted to Mediation for resolution in accordance with the Construction Industry Mediation Rules for the American Arbitration Association currently in effect. If not resolved, then the dispute or claim shall be subject to Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Mediation and Arbitration shall take place in Westchester County, New York.
7. MISCELLANEOUS PROVISIONS
Architect’s Representative. The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. Certification of the Construction Documents. The final Construction Documents shall be reviewed and certified by the Client and Architect prior to contractor bidding and/or municipal review. Certification by the Client and Architect shall indicate that the Construction Documents meet with all party’s full approval. All revisions made to the Construction Documents subsequent to the certification shall be considered Additional Services. Termination. Either party may elect to terminate this Agreement with not less than seven (7) days notice should either party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Client shall hold the Architect harmless for delays, clarifications, or nonconformance with the Contract Documents if the Architect has been terminated prior to the Construction Administration portion or phase of the work. Proposal Validity. This Proposal shall remain in effect for thirty (30) days from the Proposal Date. If not executed within this period of time, this Proposal may be deemed null and void by the Architect. Method and Means of Construction. The Architect and its consultants are not responsible for the method, means, or sequencing of construction unless this is arranged contractually (in writing) executed by both parties. Storage of Materials. The contractor is responsible for the storage and proper protection of materials. Materials shall be stored in an area that is adequately ventilated and free from excessive moisture and condensation that may be conducive to mold contamination.
8. DEFINITIONS
Construction Cost. Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Client of all elements of the Project designed, selected, or specified by the Architect. Construction Cost shall include the cost at current market rates of labor and materials furnished by the Client and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Scope of Services. Construction Cost does not include the compensation of the Architect and the Architect’s consultants or any other costs that are the responsibility of the Client as provided in this Agreement. Surveyed Space. Surveyed Space shall be all the space surveyed and documented during an Existing Conditions Survey (ECS) as measured from the interior surface of the exterior walls. Surveyed Space shall include all interior space including, but not limited to, basements, garages, mechanical rooms, closets, storage rooms, covered porches, and similar space.