1. The Work Contemplated. The work for which the Architect is to render professional services under this agreement consists of the planning and construction of..........., estimated by the Architect to cost about............... This agreement, however, will not be affected by any change in the final actual cost of the building, unless it is due to a substantial increase in the requirements.
2a. The Architect shall render complete professional services, consisting of such conferences, preliminary studies, working drawings, specifications, large scale and full size detail drawings as may be necessary, together with the supervision of the letting of the work. The charges noted below under "Architect's Salary," are for the personal professional services of the Architect. The expense of draughting, engineers' incidentals and superintendence will be paid by the Owner in addition to such salary, as noted below under "Additional Charges." The Architect will furnish ten typewritten copies of the specifications or copy for the printer, if printed.
b. The Architect shall in person, or by representatives give such superintendence to the work during construction as may be required to insure the work being executed in general conformity with the plans and specifications, and such further instructions as may be given from time to time. This superintendence cannot prevent poor workmanship or the use of poor materials, but can require the making good of such defects as appear in the work, so far as practicable.
3. Architect's Salary.
a. If the work as contemplated at this time is carried on steadily to completion, it is estimated that the Architect's services will terminate in........months from............
On this basis the Architect shall receive a total salary of
........The amount shall be paid as follows:......a month for.......months, payments beginning.. ............192., final balance of.........to be paid on issuance of final certificate to the contractor.
b. If for reasons beyond the control of the Architect, the work is delayed so as to extend over a period materially in excess of that contemplated, as noted above, and so as to entail additional service on his part, then the total amount of the Architect's salary shall be increased by an amount to be mutually agreed upon by the Owner and Architect.
c. The Owner may at any time abandon or suspend the work and the employment of the Architect shall thereupon terminate if the work is abandoned, and be suspended, if the work is suspended.
d. If the undertaking is abandoned and the employment of the Architect consequently terminated, he shall be paid in addition to this salary to the date of such termination, the unpaid balance of.........due at completion.
e. If the work is suspended at any time so as to suspend also the work of the Architect, the Owner shall be at liberty to suspend payments on the Architect's salary until his work is resumed, without affecting otherwise the terms of this agreement.
4. Additional Charges. In addition to the Architect's salary determined above, there will be the following items of expense to be paid by the Owner through the Architect.
a. Draughting. Strict account shall be kept by the Architect of the cost of draughting, such cost to be the total of the salaries paid to draughtsmen engaged on the drawings, or in superintendence, including time so spent in writing specifications, but no charge is to be made for time so spent by the Architect, and all expense of stenographic work on specifications or otherwise, done in the Architect's office, are to be considered as "regular office expense." No charge shall be paid for superintendence on the part of the Architect. The total amount of such draughting expense shall be multiplied by two to cover the proportionate share of regular office expenses, and this resulting amount shall be paid monthly on statements in detail from the Architect. The total expense under this item is estimated at..............
b. Engineers. The services of structural, domestic and sanitary engineers shall be paid for through the Architect at cost. Expense under this item is estimated as follows:
Total, c. Incidentals. Incidental expenses in connection with the work such as blue printing, travelling expenses, models, long-distance telephone, telegraph, express and other miscellaneous charges directly applicable to this work including printing of specifications, if they be printed, shall be paid at cost on monthly statements from the Architect. Total expense under this item is estimated at.............
d. Clerk of the Works. A clerk of the works satisfactory to the Architect shall be employed by the Owner if he deems it desirable, and paid for through the Architect at cost. The clerk of the works shall be the representative of the Owner and of the Architect, and shall report to the Owner through the Architect as directed by him. If a clerk of the works is employed the total expense under this item is estimated at
5. Survey Borings and Tests. The Owner shall furnish the Architect with a complete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, boundaries and contours of the building site, and full information as to sewer, water, gas and electrical service. The Owner is to pay for test borings or pits and for chemical, mechanical or other tests when required.
6. Preliminary Estimates. When requested to do so, the Architect will make or procure preliminary estimates on the cost of the work and he will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the building and with proper workmanship and material, but no such estimate can be regarded as other than an approximation.
7. Ownership of Documents. Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or not.
8. Successors and Assignment. The Owner and the Architect, each binds himself, his successors, executors, administrators, and assigns to the other party to this agreement, and to the successors, executors, administrators and assigns of such other party in respect of all the covenants of this Agreement.
The Architect shall have the right to join with him in the performance of this agreement, any architect or architects with whom he may in good faith enter into partnership relations. In case of the death or disability of one or more partners, the rights and duties of the Architect, if a firm, shall devolve upon the remaining partner or partners or upon such firm as may be established by him or them, and he, they or it, shall be recognised as the "successor" of the Architect, and so on until the service covered by the agreement has been performed. The Owner shall have the same rights, but in his case no limitation as to the vocation of those admitted to partnership is imposed. Expect as above neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other.
9. Summary. The summary of the items as above is as follows:
4. a. Draughting b. Engineers c. Incidentals d. Clerks of the works
In Witness of the above Ac. Ac.