Mandatory Addendum To The Owner/architect Contract printable pdf download

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Mandatory Addendum to the Owner/Architect Contract

For Projects Funded in Whole or in Part with State Capital Outlay Funds

The Owner may use any form of agreement mutually agreed upon by the Owner and Architect to contract

for the Architect’s Services for any project funded in whole or in part with State Capital Outlay Funds

provided by the Georgia Department of Education (“GaDOE”); provided, however, that this Mandatory

Addendum must and shall be incorporated into the Owner and Architect’s selected form of agreement on

any such State Capital Outlay Funded project. In the event of a conflict or inconsistency between the

terms and conditions of the selected form of agreement and this Mandatory Addendum, the terms and

conditions of this Mandatory Addendum shall prevail and govern over conflicting or inconsistent terms

and conditions of the selected form of agreement. This Mandatory Addendum shall not be modified

without prior written consent of the GaDOE. THE GaDOE SHALL NOT RELEASE ANY STATE

CAPITAL OUTLAY FUNDS FOR AN APPROVED CAPITAL OUTLAY PROJECT IF THIS

MANDATORY ADDENDUM IS NOT MADE A PART OF THE OWNER/ARCHITECT CONTRACT.

1. For purposes of this Mandatory Addendum, notwithstanding terminology used in the

Owner/Architect Contract, the following terms are defined to mean:

a. “Architect” shall be the architect, engineer, or architect/engineer, whether individually or

as a firm or other legal entity, engaged to perform the Architect’s Services.

b. “Architect’s Services” shall be the scope of the Architect’s services for the Project set

forth in the Contract, including the services and requirements set forth in this Mandatory

Addendum.

c. “Owner” shall be the Local Board of Education that is engaging the Architect to perform

the Architect’s Services for the Project.

d. “Contract” shall be the form of agreement between the Owner and the Architect, to which

this Mandatory Addendum is attached and is a part, and shall set forth the Architect’s

Services for the Project.

e. “Project” shall be the Project for which the Architect’s Services are engaged and

performed pursuant to the Contract.

f. “Program” shall be the Owner’s policies, purposes, concepts, goals and objectives, and

design, construction, scheduling, budgetary or operational needs, restrictions, or

requirements for the Project.

g. “Stated Cost Limitation” shall be the maximum amount that the Owner is authorized to

spend to construct the Project as determined and established by the Owner.

h. “Record Plans and Specifications” shall be the as-built plans and specifications including,

but not limited to, actual location of utility lines, and any approved change orders.

2. The Architect agrees not to assign or transfer any interest or rights in the Contract to any person or

entity without the advanced written consent of the Owner. The Architect agrees to utilize the design

and management team represented to the Owner and agrees that no substitutions, additions, or

deletions to this team shall occur without the advanced written consent of the Owner. The Owner

agrees to provide a response to the Architect within 14 days of any such request by the Architect.

3. Prior to beginning the “Preliminary Plans and Specifications,” the Architect shall first consult in

detail with the Owner to determine and understand the Owner’s Program. Within 10 days of such

consultation, the Architect shall prepare and submit to the Owner a written report detailing and

confirming the Architect’s understanding of the Owner’s Program. The Architect’s report must

include, but is not limited to, the identification of any design, construction, scheduling, budgetary,

operational, or other issues, problems or impediments foreseen by the Architect concerning the

Project, the Program, or both.

The Architect’s report should include proposed solutions or

Mandatory Addendum To The Owner/architect Contract

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