Document 6437261

Transcription

Document 6437261

COMPARISON OF 1987 AND
1997 EDITIONS (1987 BASE)
NOTE TO USER:
Additions to 1007 edition s~
by underlining.
Deletions from 1007 edition shown by stl'ikee;.~.
Standard Form ofAgreement Between Owner and Architect
with Standard Form of Architect's Services
TABLE OF ARTICLES
This document has
important legal
1..1
1.2
U
1..4
u
INITIAL INFORMAllON
RESPONSffilLITIESOF THE PARTIES
TERMS AND CONDmONS
SCOPEOF SERVICESAND OTHER SPECIAL
TERMS AND CONDmONS
COMPENSATION
AGREEMENT
consequences.
Consultation with
anattorney is encouraged
with respect to its
completion or
modification.
day of
made as of the
in the year ;:,1't,ineteen
IIM.Jr~ md
an words.indicatedav. month.and vear.)
BETWEEN the Architect's client identified as the Owner:
(Name.~ddre.fs
and other information)
and the Architect:
(Name.
~ddre"" andotherinformation)
For the following Project:
(IncludedetaileddescriptionofProjectl. medti,,". d';~~~' dll!i 'ev~.;
The Owner and Architect agree as set &"v..':-.
belon follows.
c~
1917,1926,
19E, 1~1, 1~~~,
Instftute of Archlects.
R~
1~1, 1963,1~, 1~, 1~~~~74, 1977,"'1007~byTheAmerican
of U1ematerial herein or substantial
~
of its
..S
WIUX)U(Wrftten permissK>n of
the AlA vk)iate8the copyright lawsof the United States and winbe ~~
to ~osecutm.
p~
~
.
and ~
";, this ~
1 8141-1987/97
1« AlA ~ AJanB. Stover/.ESQ.,AlA
may~ ~
from AlA. F urther reprOOuctkJn
is proh~
AlA ~_~T
8141 .1917. 1997OWNER.AR.cHm!cr AGREEMENT COMPAlUSON .AIA~.
01917, 1997
mE AMERICAN INsmurn OF ARCHrrECI'S, 173-'NEW YORK AVENUE, N.W. WASIUNGroN, D.C. 20006--'292
[no comparable provision hi 1987 edition)
[new provision.. 1997edition]
ARTICLE 1.1
INrTlAL INFORMATION
1.1.1
This Agreement is based on the following information
and assumptions.
(Note the disposition for thefollowing itemsby inserting the
required information or a statementsuch as "notapplicable,"
"unknown at time ofexecution" or "to be determined later by
mutual agreement.'j
(new provision in 1997edition]
1.1.2
PROJECT PARAMETERS
1.1.2.1 The objective or useis:
(]dentiw or describe. if aoDrOOriate.oroDO.!ed
we or
~
1.1.2.2 The ~sical Darametersare:
(]dentifvor describe. if aDDroDriale.size. locations.
dimensions. or other Dertinent information. such m
J!eotechnicalreOQrtsabout the site.)
1.1.2.3 The Owner's DT~
is:
(]dentiw documentationor state the manner in whicl1
theDr~am wi/Jbe develo_Ded.)
1.1.2.4 The leaal W3meters are:
(]dentiw Dertinentle~al iaformation. includin~. if
aDDroDriate.land su~s and le~al descri_Dtions
and
restrictions ~fthe site.)
1.1.2.5 The financial ~arametersare as follows.
.1 AmOWltof the Owner's overall bud2et for the Pro_iect.
including.the Architect's cornuensati~ is:
.2 AmoWlt of the Owner's budiet for the Cost of the
Work. excluthe Architect's corn~sation- is:
1.1.2.8 The time parametersare:
(Identify, if appropriate, milestone dales, durations or
fmt track .scheduling.)
1.1.2.7 The ~sed
mocurementor deliYro method for the
Pro~iect
is:
(Jdena& method such as comDetitivebid. ne~otiated
contract. or construction mana~ement.)
1.1.2.8 Other I!arametersare:
(Jdena& s_Deciai
characteristics or needsflf the
PrQiect such Qj ene~. environmental or historic
I!reservation re~uirements.)
*~_~~1
THE AMERICAN
.1981-1991OWNER..AR.CHrrECr A<-.EEMENrCOMPAlUSON .AlAi)
m81Tnn'E
OF AJ.CHII'ECt"S.
1735 NEW YORK AVENUE, N. W ~ W ASHINGroN,
.ClfJ17,l991
D.C. ZOOO6-!292
B141-1987/97 2
PROJECT TEAM
1.1.3.1 The O\:\Iner'sDesi~ted R~sentative i§:
(Name. aidress wrl other iaformation.)
1.1.3.2 The oersonsor entities. in addition to the O\:\Iner's
Desimated Reoresentative.who are re~
to review
the Architect's submittals to the O\:\Inerare:
(List name. aidre.Ysand other ilJformation.)
1.1.3.3 The Owner'sother consultantsand contractors are:
(List discioJinewrl. ifknown. identi& them bv name
and aidress)
1.1.3.4 The Architect's Desi~ted R~tative
is:
(Li.Ytname. aidress wrl other iaformation.J
1.1.3.5 The consultantsretained at the Architect's e~e
are:
(List discioline wrl. lfknown. identi& them ~v name
andaidress.J
[new provision in 1997 edition)
[new provision in 1997 edition]
1.1.4
Other im~t
1.1.5
When the servicesl.Ulderthis AiIeement include
contracta<hninistration~ces. the GeneralConditions of the
Contractfor Construction shall be the edition of AlA Document
AlGI. cWTentas of the date of this Aal:eement.or as follows:
1.1.6
The information contained in this Article 1.1 may be
reasonablyrelied ~
~ the Owner and Architect in detenninina the Architect's comoensation. Both l2§nies.however. ~nize that such information ma~ cbqe and. in that event the
Owner and Architect shall ~otiate a~mooriate adjustments in
schedule-comoensationand Cbllnae in Servicesin accor~
with Parai[al1h 1.3.3.
ARTICLE 1.2
3 8141-1987/97
RESPONSIBILmES
PARTIES
OF THE
1.2.1
The O\\11erand the Architect shall ~ate
with
one anotherto fulfill their ~ve
obliiations WIder this
Agreement. Both ~es
shall endeavorto maintain iood
workioS relationshiI!s amoruzall membersof the Projectteam.
1.2.2
[1997 provisions appear below,
opposite 1987 edition, Article 4]
infOnl1ationis:
OWNER
[1.2.2.1 -1.2.2.7]
AIA~_~T81.1
8 I9I7.19970WNa.AJ.CHIrECr~COMPAaJSON
8 AJA8)8CI9I7,1997
mE AMEJUCAN 1NSTn1JTE OF AP..CHrI'ECTB, 113' NEW YORK A VF.NUF.. N. W. W ASHINGOON, D.C. 10006-'292
ARTICLE 1
ARCHITECT'S
1.1
ARCHITECT'S
RESPONSIBIUTIES
SERVICES
1.2.3
ARCHrreCT
1.1.1
The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's
~
as muDBated in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.2.3.1 The 2*trcm1ec;':s
se.;i~s ~ist ,,';those servicesperformed by the Architect, Architect's employeesand Architect's
consultantsshall be as enumeratedin ;...~.icies%itri~ 3 ,,'; this
1Atgr~..nt and ;!Ii) uk. se..ices jr...laded ilr Article +%1.,4.
1.1.2
11.=Architects services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the perfOlJDance of the Architect's services which may be
adjusted as the Project }:K'oooods,
and shall include allowances for
periods of 1iD.: ~
for the Owner's review and for approval
of submissioos by authorities having jurisdiction over the
Project. Time limits established by this schedule approved by
the 0wrB shall ~ ~
for reasonable cause, be exceeded by
the Architect or Owner.
1.2.3.2 The Architect's servicesshall be performedas expeditiously as is consistentwith professional skill and care and
the orderly progressof the Work~.
Hpon IC'itX.st,,';the
8\ImeI'; The Architect shall submit for the Owner'sapproval a
schedulefor the performanceof the Architect's serviceswhich
initiallv shall he ('.tm~;~tPnt
~th th.. t; A ~
~ ...~LI'-\'-" ,-
1.1.3
The servicescoveredby this Agreementare subjectto
the time limitations containedin Subpamgraph11.5.1.
(not included in 1997 edition]
(new provision in 1997 edition]
Sub-Daram11h
1.1.2.6and which shall may be adjusted...i[
neces~. as the Projectproceeds.;-andThis scheduleshall
include allowancesfor periodsof time required for the Owner's
review. for the !)erformanceof the Owner's consultants.and for
approvalof submissionsby authorities havingjurisdiction over
the Project. Time limits establishedby this schedule~approvedby the Owner shall not, exceptfoc reasonablecause,be
exceededby the Architect or Owner.
1.2.3.3 The Architect's Desiillited R~entative
identified
in Param!>h 1.1.3shall be authorized to act on the Architect's
behalf with res~ to theProject.
1.2.3.4
'
,
[new fM"Ovisionin 1997 edition]
[new provision in 1997edition)
1.2.3.5 Except with the Owner's knowl~e
and consent. the
Architect shall not enaaae in anv activitv. or acceot anv em~l~t.
interest or contribution that would reasonably ao~
10com~se
the Architect's ~fessional
judQment with
~t
to the Project.
1.2.3.6 The Architect shall review laws. codes. and ~tions am2licable to the Architect's servioes. The Architect shall
re8!>ODdin the desiiD of the Ergject to reauirements iml2Qsed
Q.):aovemmental authorities haviruz jurisdiction over the Pro-
-
*' ~
-~
8M' .1917.1997 OWND.-ARaIrI'BCf A<aEEMENr COMPARISON. AlAe .CI987, 1997
mE AMB1UCANINSTmn'E OF AIlCIDTECTS, 173' NEW YORK A VENUF.N.W.. WASHINGTON.D.C. 2(KKI6.~m
8141-1987/97
4
[from 1987 Paragraph 4.9 below]
1.2.3.7 :".1(.se.-.i~, "v
b.,... ~... "'}~ go...!r':'F'ts .C~.Jifed'.:.]Paragraphs4.5 du°osb 4.8 ~baHbe ."...ni~~""':Gtd2c
~~~~rs ~JCI'CftSf-,
ar.'; The Architect shall be entitled to rely on
the accuracyand completenessd2er~';. of servicesand information fln-nished~ the Owner. The Architect shaDprovide
~mDt written notice to the Owner if the Architect becomes
awareof any errors.omissionsor inconsistenciesin such
servicesor information.
ART1CLE1.3
1.3.1
[1997 provisions
opposite
1987
TERMS AND CONDmONS
COST OF THE WORK
(1.3.1.1 -1.3.1.3]
appear
below,
edition
Artkle
5]
INSTRUMENTS OF SERVICE
opposite 1987 edition Article 6]
[1.3.2.1 -1.3.2.4]
CHANGES IN SERVICE
[1997provisions appearbelow,
[1.3.3.1
opposite 1981 edition Article 3J
-1.3.3.2)
MEDIATION
[1.3.4.1-1.3.4.3)
between 1987 edition Articles 6 and 7]
1.3.5
ARBITRATION
[1.3.5.1 -1.3.5.5)
1.3.6
CLAIMS FOR CONSEQUENTIAL DAMAGES
MISCELLANEOUS PROVISIONS
[1997 provisions
opposite
1987
[1.3.7.1-1.3.7.9)
appear
below,
edition
Article
9]
TERMINATION OR SUSPENSION
[1997 provisions
opposite
1987
[1.3.8.1-1.3.8.7]
appear
below,
edition
Article
8]
PAYMENTS TO THE ARCHrTECT
[1.3.9.1-1.3.9.4J
opposite 1987 edition, Article 10)
ARTICLE 1.4
5 8141-1987/97
SCOPE OF SERVICES AND OTHER
SPECtALTERMSANDCONDITIONS
[1.4.1
-1.4.2}
AlA ~-~
8141 .1987.
1997 OWNF.&-AR.CHmcr
~
COMPAaISON .AlAS.
CI987, 1997
mE AMERJCAN mS1n1n'E
OF ARCHrrEcrS,
1m NEW YORK AVENUE. N. W ~W ASIDN<m)N, D.C. 20006-'292
ARTICLE 1.5
COMPENSATION
(1.5.1.1-1.5.1.8)
opposite 1987edition Article 11)
StandardForm ofArchitect's Services:
Designand ConsfructionAdministration
ARTICLE 2
SCOPE OF ARCHfTECTS BASIC SERVICES
TABLE OF ARTICLES
181£1-1987
Article: 2 is reoIaced
~
self-contained
byI---~the 5eDarata.
--,
"Standard Form of Architect's
Services" forming the second part of 8141-1997]
2.1
U
U
PROJECTADMINIS1RATIONSERVICES
SUPPORTING
SERVICES
U
~VV~v...,"-'"
A I IT A 'rrr\~,T r-u""",,
A ~~TT")
DT
.',~.Thm-_Tr:.(!~'rTru(!
~~l"li~
..,""'-.~,'-'~""
Z.!
U
li
U
il
il
DESIGNSERVICES
CONSTRUCllONPROCUREMENTSERVICES
CONfRACT ADMINISTRATIONSERVIQES
FACILITY OPERAllON SERVICES
SCHEDill.EOF SERVICES
MODIFICAllONS
-
DEFINmON
2.1.1
The Architect's Basic Servicesconsist of those described in Paragraphs2.2 through 2.6 and any other services
identified in Article 12 as part of Basic Services,and include
n<Xmalstructural,mtX:banicaland electrical engineeringservices
[last clause includedas 1997Paragraph2.3.1]
ARTICLE2.1
PROJECT ADMINISTRATION
SERVICES
2.1.1
The Architect shall Inanaie the Architect's services
and administer the Proiect. The Architect shall consult with
the Owner. research a~licable desiill criteria- attend Pro_iect
meetinas communicate with members of the Pro_iectteam and
issue moaress r~.
The Architect shall coordinate the
services !'rQvided ~ the Architect and the Architecfs consultants with those services I!rQvided m: the Owner and bv the
Owner's consultants.
2.1.2
When Pro_iectre(!uirements have been sufficientlv
identified. the Architect shall PI~.
and ~odi~
uOOate.
a Proiect schedule that shall identib: milestone dates for decisions ~ed
of the Owner- desiau services flDnished bv the
ArchitecL completion of documentation nrovided ~ the ArchitooL commencement of construction and Substantial CQ!ll12Ietion of the Work.
2.1.3
The Architect shall consider the value of alternative
materials- buil~stems and ~DmenL
!Qiether with
other considerations of ~
~et
and aesthetics in
devel~ms the desii1l for the ProiecL
NA~_~T.1.1
.1917-19910WNEll-AaCHn"E.Cf A(w,EJ1.MI;NfCOMPAlUSON .A1AII; .Cl917,l991
'mE AMP.RICANINSTmm OF ARCHn'EcrS, 173' NEW YORK AVENUE,N. W" WASIDNGrON. D.C. ~'292
8141-1987/97
6
[new provision in 1997edition]
(replaces1987subparagraphs2.2.4,2.3.1,2.4.1]
2.1.4 ~
~t
of theOwner.the Architectshallmake
a ~entation to ~lain the desim of the fI.9jectto ~entativesof theOwner.
2.1.5 TheArchitectshallsubmitdesim documents
to the
Owneratintervalsa~te
to the desiiU~s
for pur~es of evaluationanda!'!'fOval~ theOwner. TheArchitect
shallbeentitledto fen:~
a~Pl2valsreceivedfromthe
Ownerin thefurtherdevel~ent of the desii1l.
2. 1.8
(unchanged from 1987 Subparagraph 2.2.4]
~
~t
shallassisttheOwnerin connectionwith
the O\1mer'sresponsibility for filing documentsrequired for the
aPJ:roval
of gO\QDI11Cltal
auth<Xitieshaving jurisdiction over the
Project.
2.1.7
EVALUATIONOF BUDGET AND COST OF
THE WORK
opposite 1987Article 5)
[2.1.7.1 -2.1.7.6)
ARTICLE 2.2
[2.2.1 -2.2.1.3J
opposite 1987 Article 4]
2.2
SCHEMATIC DESIGN PHASE
2.2.1
The Architect shall review the program furnished by
the0M1er to ascertainthe requirementsof the Projectand shall
arrive at a mutual understandingof such requirementswith the
Owner.
2.2.2
TheArcbit~ sbal1provide a preliminaty evaluation of
theOwra's {rogmln, scheduleand constructionbudget require.
ments, each in tenns of the other, subjectto the limitations set
forth in Subparagraph5.2.1.
2.2.3 100Architectshallreviewwith the~
alternative
approaches
to designandconstruction
of the Project
7 8141-1987/97
SUPPORTING SERVICES
ARTICLE 2.3
EVALUATION AND PLANNING
SERVICES
[not inchJded in 1997 edition)
2.3.1
The Architect shall provide a preliminary evaluation
of the infonnation furnished bv the Owner under this Am-eement inclyQina the Owner's Pr~~
sche<lule an~ ~nstl.lCti.Oft bttOget requirements, and buQiet for the Cost of the
~
each in terms of the other., ~t!'uject to the limitabom set
;vi-tb ill Sr&'\:.paragrap::-.
5.%.1. The Architect shall review such
infmmation to ascertain that it is consistent with the reauirements of the Proiect and shall notify the Owner of any other
information or consultant services that may be reasonably
needed for the Pro_iect.
2.3.2
The Architect shallmovide a mliminarv evaluation
of the Owner's site for the Proiect based on the infmmation
f}fovided 11..):
the Owner of site conditions. and the Owner's
w:o~schedule and budiet for the Cost of the Work.
2.3.3
The Architect shall review ..ill. the 8w..':;1 aiteiftab." ..pp.v..e~~ tv de,,~:. --.: ~~tI~boft
fue Owner's !'I"O~secf method of contrRctiruz for construction services DIl4 shall
notib: the Owner of antici~ted irnnacts that such method may
have on the Owner's m2imm. financial and time reauirements. and the s~
of the Project.
AlA DOCU-..T
B1~1 .1911- 1997OWND..AaCHrrF£T -~-EE-:A.fF.Nf COMPAP.DON.AIA~.
CI987. 1997
nIE AMElUCAN INSTJIU1'E OFARCHrrEcrS. 173' NEW YORK AVENUE. N. W ~ WASBlNGfON. D.C. 20006-'192
ARTICLE 2.4
[fn)m last clause of 1187 Subparagraph 2.1.1)
2.4.1
The Arcl1itect's Basic desiaD services ~nsist of tho"e
~~.!~
in P_we-wi':'" ~.~ thI~~
~.6 and ""} ~tbe. "". .ices
!=~tified in :~tiwiw i~ -y-t
~fBasiw ~. .~,J, ""Ii §hill
~lude ~ormal stroctural, moohanical and electrical engineerIng ServIces.
2.4.2
2.2.4
Basedm ~ mutually agreed-uponprogram, schedule
and cons1ructim budget requirements, d1e Architect shall
prepare,for approval by the Owner. SchematicDesign D0cuments consisting of drawings and other doc~ts
illustrating
the scaleand relationship of Project components.
DESIGN SERVICES
SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 ~
~hitect
shill nreoare Schematic Desiill Docu.
ments based on the mutually agreed-upon program, schedule
and construction budget. -;~~.JiIm..:.nts, thw ~'-,..whiteet"haM
~~j'81e, ."~,w~i'.~.M 'v} thw 8..~w., ~:'w
tiw Be"ie" ~u~~b; ~istins
~f liI
ins" AU'; v&". J:b£.documents §bill
~blish
the conceotual desiill of the &pjm illustrating the
scale and relationship of ~ Projoot CO!II-po!lents. The ~he-
~tic ~i~
Docurnent.~shall include a con~1
site ~lan-
it; am2milteand nreliminarv buildinlll21ans. Sections and
elevations. At th~ ~hitect's
smtiOIl- the Schelrul.tic fRsi~
~uments
mav include study models- DerSDeCtivesketcheselectronic modelinll or combinations orthese~.
Prelimi~
selections ofmaior buildinll svstems and construction
~terials shall be noted on the drawinlls or described in writ-
1Q&.
2.2.5
The Arcbitootshall submit to the Owner a preliminary
estimate of Construction Cost basedon CUITent
area,volume or
other Wlit costs.
2.3
DESIGN DEVELOPMENT PHASE
2.3.1
Basedon the approvedSchematicDesign Documents
and any adjustmentsauthorizedby the Owner in the program,
scheduleor constructionbudget, the Architect shall prepare,for
approval by the Owner, Design Development Documents
coosistingof drawings and other documentsto fix and describe
~ sizeaOOclJaracta:of~ Projootas to an:hitectw"al,structw"al,
mechanical and electrical systenlS,materials, and such other
elementsas may be appropriate.
[included in 1997 Subparagraph
2.4.3
2.1.7.1J
DESIGN DEVELOPMENT DOCUMENTS
2.4.3.1 The Architect shall DrovideDesiill Devel~ent
Documentsbasedon the approvedSchematicDesign Documentsand art] a~~~tm_.ts ~~tl.v.~ed ,,] Ib.. 8
er in g.~
P!~gI,
:'ednl.. va"" bu-.tivu yPJ;!gted
budget for the Cost
of the Work. , d!c z'.:;.;.:itect..ban Y"'}-&", ~v. ..yy.v.aI 'v] tl...
e.mer;~ ~ign Development
Documents
ox-misbng
.,~
ma;;ing
d vlb... doe
ts 10m shall illustrate and describe the s~ and characterrefinementof the desiW of the
Project. estab!ishin!Zthe score. relationshi~. fonns. size and
a~ce
of the Proiect b.\:means of UlJms.sectionsand
elevations.tvuical constructiondetails and ~l2ment la~out..;.
as t~ ;nchiteetm~l,~b_t~~I, ...""Immeal d ..lecbi 1 ~]~-
tr;,r.rs,
~t...ial~, d ~_:. vlb.....I
ts~.....~]~ ..py..,y.i-
ate:- The Desim DeveloomentDocuments shall include ~~ifications that identify maior materials and ~stems and estatJ..
!ish in aeneraltheir gYBlin:levels
2.3.2 The Architectshalladvisethe Ownerof anyadjustmentsto thepreliminaryestimate
of Construction
Cost.
*~_~T8141
rlnCkJdedin 1997 Subparagraph 2.1.7.1]
.19I7-19970WNER.-AR(EI'ECfAGU1m.mNTCOMPAlUSON
.AlAe
.CI987,1997
11£ AMEI.ICAN INSTnUrE OF ARCJm'Ecr8. 1735NEW YORK AVENUE,N. W~ WA8HINGI'ON. D.C. 2~5292
8141-1987/97
8
2.4
CONSTRUCTION
2.4.1
Base:!
00tOO
~
DOCUMENTS
~
2.4.4
PHASE
IRve1~
~
aOOany further adjustDDlts in the scope or quality of the Project
or in the consbuction budget authorized by the Owner, the
~
shaI1~,
for approval by the Owner, Construction
Documents consisting of Drawings and Specifications setting
f<Xth in detail tOOreqiJirmB1ts f<X'the construction of the Project.
CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall !'fOvide Construction Documents
hasedon the approvedDesign DevelopmentDocumentsand
QUJ."...~". ..~;MtnICftmit! die seo~ o~~m.li~ cf~e :".~;eet ~I
it! die ;x.il!.b.-.x;ti~li
_too
budget for the Cost of the Work.
~v.=
";.Jg." 8~uw.. g." : ...:chiteetshaHylwy...e.."v.
..yy.v...1 b] g.w8~~, ev_tl_ti~
9fIC~
ts ~ i..tme,vf
::~~ ~~:= ~~~2~1f:=
~ystruction of the Project The Construction Documentsshall
include Drawinas and S~ifications that establish in detail
the ~li~
levels of materials and §Xstems~
for the
~
the develQPment
of the Construction Docu2.4~
The~
sbaI1assist the Owner in the preparation 2.4.4.2 ~
of the DecesS8I)'bidding infonnation, bidding forms, the ments. the Architect shall assistthe Owner in the deveiO!>lne11t
Conditi<X1S
of the Contract,and the form of Agreementbetween ID!l preparationof~ a." i.~ssm] bidding and ~urement
infonnation which describesthe time. !>laceand conditions of
the Owner and Contractor.
bi~:
bidding or ~l
forms~tile &nditivi15 of the
eontlact, and the form of weement betweenthe Owner and
(Conditions definition from 1987 A201)
(Project Manualdescriptionfrom 1987A201)
S~ilicabons andma~includebiddina:reauirements
and
~k.fgrm~
2.4.3 .The Architect shall advise the Owner of any adjustments to previous preliminary estimatesof Construction Cost
indicated by changesin requirementsor general market condi-
[InCluded in 1997 Subparagraph 2.1.7.1J
tions.
2.4.4
The ArclIitootsball assistthe Ownerin connectionwith
the Owner's responsibility for filing docwnentsrequired for the
8P1XOVRl
of govmlDlt2ltalauthoritieshavingjurisdiction over the
[becomes 1997, Paragraph 2.1.6 above]
Project.
2.5
ARTICLE 2.5
BIDDING OR NEGOTIATION PHASE
CONSTRUCTION PROCUREMENT
SERVICES
2.5.1
The Architect, following the Owner's approval of the
Construction ~uments and of the latestpreliminary estimate
of Cons1nIction
Cost, shall assistthe Owner in obtaining bids or
negotiat~ proposals and assist in awarding and preparing
contractsfor construction.
2.5.1
The Architect, ."vH,,"ins t[." 8..I."r' s ~yy;o~~1of~;,
e
I1.."ti.,.. Boe~."..ts wold"f d... lateut pletil!1im..] es'liJ:~te
vfeomtl-~tioll eost, shall assist the Owner in obtaining
2.5.2
The Architect shall assist the Owner in establishini a
list of m:2~tive bidders or contractors.
or ~s8:fevaluation and~tiQD
[new IM'Ovisionsin 1997 edition]
2.5.4
either~tive
bidsor negotiated
proposalsandIbAll assist
theOwnerin awardingandpreparingcontractsfor constJUc..
tion.
2.5.3
The Architect shall agsistthe Owner in bid vali~tion
AlA ~T
9 8141-1987/97
bid
COMPETITIVE BIDDING
2.5.4.1 Bima
(new provision in 1997 edition)
of the~~t:II1
Q[ ~sal.
if anv. If re~
~ the Owner. the Architect
shHIInotifv all DTOSDeCbVe
bidders or contractorsof the bid or
~sal
results.
Docmnentsshallconsistof~~
~
=;~~~~~~~7~'='~=~W:.
81.1 .1917. 1997OWNEP.-ARamECfA(W.PJ!MENf
COMPARISON
.AlAS'
CI917.1997
nIE AMERK:AN INSTmrrE OF ARCHm.crS. 173' NEW YORK A VENUP.N.W.. WASHJNGfON,D.C. 2CMM)6.,m
2.5.4.2 Ifre~ted
ro: the Owner. the Architect shall armDie for mocllrina the ~tion
of BiQdini Documentsfor
distribution to ~tive
bidders. The Owner shall ~j:
directlj: for the cost of ~uction
or shall reimburse the
Architect for such~es.
2.5.4.3 If reQuested
ro: the Owner. .theArchitect shall distri-
(new provisions in 1997 edition]
2.5.4.4 The Architect shall consider re~sts for substitutions- if~tted
bv the Bidding. Docwnents. and shall me~
and distribute addenda identifving avoroved substitutions
to aU 1lIQs~tive bidders.
2.5.4.5 The Architect shall ~ici~ate
in or. at the Owner's
direction. shall organize and conduct a ore-bid conference for
m:o~tive
bidders.
2.5.4.6 The Architect shalll?!~
resIZQn§esto ~stions
from ~os~tive
bidders and movide clarifications and inter~tions
of the BiQQing Docwnents to alll?!osuective bidders
in the form of addenda.
2.5.4.7 The Architect shall oorticioote in or. at the Owner's
direction. shall orianize and conduct the Ql151niI1IZ
of bids. ~
Architect shall subse~tlv
docwnent and distribute the
biddin2 results- as directed bv the Owner.
2.5.5
NEGOTIATED
PROPOSALS
2.5.5.1 The Pro~sal Documents shall consist of lZI:~sal
regYiIements. ~sed
contract fonns. General Conditions
and Su~lementarv Conditions. Svecifications and Dra~s.
2.5.5.2 If re~sted ~ the Owner. the Architect shall arranae for procurina the ~ction
of Pr~sal
Documents
for distribution to 1ZI:0s~tive contractors. The Q\1mer shall
~~ directl~ for the cost of r~oduction
or shall reimburse the
Architect for such ~es.
2.5.5.3 Ifreauested bv the Owner. the Architect shall orlZanize and ~artici~ate in selection interviews with DTOSDective
contractors.
2.4.5.4 The Architect shall consider re~sts for substitutions- if ~itted
!J.\:the ProDOsalDocuments. and shall
~
and distribute addenda to all DToSt)OOtivecontractors
identifyjna awoved substitutions to all DTOsDectivecontrac-
12m.
2.5.5.5 If re~sted
bv the Owner. the Architect shall assist
the Q\1mer g.wjna neaotiations with DTOSt)OOtive
contractors.
The Architect shall subseauentlv document and distribute the
n~otiation results- as directed bv the Owner.
~DOCU.NT
8141 .1917.1997
OWNER..AR.CHrrEcr ~
COMPARISON.
AlACI .01917,1997
11IEAMFAICANINS1Tnn'F.OF
ARCHrrF.crS,
173~NEWYORKAVENUE,
N.W. WASIDNGfON, D.C. 20006-'292
8141-1987/97
10
ARTICLE 2.6
2.6
CONSTRUCTION
PHASE-ADMINISTRA nON
CONTRACT ADMINISTRATION
SERVICES
OF THE CONSTRUCTION CONTRACT
2.6.1
The Architoot'sresponsibilityto provide Basic Services
for the Construction Phase under this Agreementcommences
with the award of the Contractfor Construction and terminates
at ~ earlia-of the issuanceto the ~
of the final Certificate
f<r P8YnK2lt
or 60 days after the date of SubstantialCompletion
of the Work.
(becomes 1997 Subparagraph 2.6.1.2 below)
2.6.1
2.6.2
The Architect shall provide a<hninistration of the
Cootractf(X"~oo
as setforth below and in the edition of
AlA Document .t\20 1, C'enefalCondition-sof the Contract for
Construction, current as of the date of this Agreement,unless
otherwiseprovided in this Agreement.
[from 1987 Subparagraph 2.6.1 above]
2.6.3
Duties,responsibilities,and limitations of authority of
the ArchitfX;tshallnot berestricted,modified or extendedwithout
Mitten agreementof the Owner and Architect with the consent
of the Contractor, which consent shall not be unreasonably
withheld.
2.6.4
The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction \mtil
final JXtYIDentto the Contractor is due, and (2) as an Additional
Service at the Owner's direction from time to time dw'ing the
COIl"OOboo
period described in tlK: Contract for Construction. The
Architect sbal1have authority to act on behalf of the Owner only
to the extent provided in this Agreement \mless otherwise
modifiedby ~tten instrument.
[ from 1987Subparagraph2.6.3above]
11 8141-1987/97
GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the
Contract~'" 6VUDtltsetivu
:Qetweenthe Owner and Contractor
as setforth below and in the e<litionof AlA Document AlO I,
GeneralConditions of the Contractfor Construction, cwrent as
of the dateof this Agreement..,mrless ~.;..-;.isc pro-.~dediJ:.
thi~ 2itgr,x,.DcDt.Modifications made to the GeneralConditions. when adQ11ted
as Dart of the ContractDocuments. shall
be enforceableunder this AaIeement onlv to the extent that
th~ are consistentwith this Ai[eement or auoroved in writing;
Qxthe Architect.
2.6.1.2 The Architect's responsibility to provide the Contract
Administration ServicesB..~i" Be. .i.,.." ~V.d,c 6;:..iS:.-~1ioD
Phase-underthis Agreementcommenceswith the award of the
im!i!l Contractfor Construction and terminatesat ~.~ earlier
of the issuanceto the Owner of the final Certificate for Payment. However. the Architect shall be entitled to a Chang;ein
Servicesin accordancewith ParallTaoh2.8.2 when Contract
Administration Servicesextendor 60 days after the date of
SubstantialCompletion of the Work.
[becomes 1997 Subparagraph 2.6.1.4 below]
2.8.1.3 The Architect shall be a representativeof and shall
adviseand consult with the Owner ffl during the nmvision of
the ContractAdministration Services. "".~trl1CbO!!m.b{ film!
paJ..."ut tv tI.., ev..l!w"tv. i~ dl1C,~d ~~~~ 8ft .'.~Jib;'~
Se! vi"" at &." 8.,u".'~ di!""bvu £tv... time t~ ti!r.~ dming 1t.e
""..""tivu pe.iod de~~.i~ in &." evul!w~t."v. e~~I!_ti~...
The Architect shall have authority to act on behalf of the
Owner only to the extentprovided in this Agreementunless
otherwisemodified by written mb ...!.~ntamendment.
2.8.1.4 Duties, responsibilities, and limitations of authority
of the Architect under this Article 2.6 shall not be restricted,
modified or extendedwithout written agreementof the Owner
and Architect with the consentof the Contractor, which c0nsentshaHEll not be unreasonablywithheld.
AlA OOCUMENT 81.1
.1987.1997
OWNF.a.-AP..CHrI"P.CT ~
COMPARISON.
AlAe.
CI917. 1997
mE AMF.R.ICAN n-ISmurE
OF ARCHD'P.CfS. 173~ NEW YORK AVENUE, N. W ~ W ASHlNGfON. D.C. 2(MM)6.~292
2.6.1.5
The Architect ~h,,11rPviPU/ T
I.,
re<ruests
bv-ili; C~;;~t~-i;; :dditi:::i~~;ri~
'
"--1-
a;:~~
detailed
or S~l
clarification reW!ested.
2.6.1.8 ,If ~
a:m!°P!iate bv the Arcbitect. the Architect
shall on tMOwnPrI~ j:.;.hQlf~n~
~-Ju---d~~s-:~b~~
reQUestsfor information bv the Contrac~
[from 1987 Subparagraph 2.6.15 below]
(from 1987 Subparagraph 2.6.16 below)
[first sentence from 1987 Subparagraph
2.6.18 below; second sentence from 1987
Subparagraph 2.6.17 below)
2.6.1.7 The Architect shall interpret and decide matters
concerning performance of the Owner and Contractor undera
~ ~ feq'.1irements ora the Contract Documents on written
request of either the O\omer or Contractor. The Architect's
response to such requests shall be made in wri!jns with
rcasODabl~y.v"'t'tr.~~ and within any time limits agreed upon
or otherwise with reasonable ~tries§.
2.6.1.8 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the fOmt of
drawings. When making such inteIpretations and initial
decisions, the Architect shall endeavor to secure faithful perfOln1anceby both O\omer and Contractor, shall not show
partiality to either, and shall not be liable for!h£ results of
interpretations or decisions so rendered in good faith.
2.6.1.9 The Architect shall render T,ri':~n imtiIl decisions
-,-;rtlrirr ~ .-""
bi" bu." on all: claims, disputes or other matters in question between the O\omer and Contractor ;:~labr.~ ~v
die eX-..bv&& v. y.ve'~~~ v:: th" '.'.'v.x as provided in the Contract Documents. However. the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with
the intent expressed in the Contract Documents.
2.8.2
2.6.5
The Arcl1itectshall visit the site at intervals appropriate
to the stageof coostructionor as otherwiseagreedby the Owner
and Architect in writing to becomegenerally familiar with the
progressand quality of the Work COIllpletedand to determine in
general if the Work is being perfOJ1Ded
in a manner indicating
that the Work when completed will be in accordancewith the
Contnl-ct Documents. However, the Architect shall not be
required tomake exhaustiveor continuouson-site inspectionsto
c~
thequality or quantityof theW~. On the basisof on-site
obsavatioosas an architect,the Architect shall keep the OWner
infomted of the progress and quality of the Wark, and shall
endeavortoguard die OWner againstdefectsand deficiencies in
the Work. (More extemive site representationmay be agreed
to as an Additional Service.as described in Paragraph 3.2.)
EVALUATIONS
OF THE WORK
2.6.2.1 The Architect. as a r~sentative
of the Owner-shall
visit the site at intervals appropriate to the stage of ~nstrt!ettm the Contractor's ouerRtlonS. or as otherwise agreed by the
Owner and Architect in 'WTiting Article 2.8. (1) to become
generally familiar with an~ !o keen. the ~er
infOTrTledabout
the progress and quality of the oortion of the Work completed.
a) $2~~v?!,to,lZUar~
~ ~eri
~defects
and~fi~i~
encies in the Wn
and ill to detemline in general if the Work
is being performed in a manner indicating that the Wor~
when Mh: completed. will be in accordance with the Contract
Docwnents. However, the Architect shall not be required to
make exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. en die ba~i~ v:: v&&-~itecx"",.~,-;:.~ons
~.. ,:-,.-~hi=t;
th~ :~~bi~_t ~baH ~-y dI~ 8
".
inf.;;:;-~~ v:: the y.v~~~ ~d '1~~J v:: the '::2.~ Q&.d..11ati
~~;.:-.
tv e=d tf2~8~&&- againSt ';"';_ts ~,,;' deft~i~;;d,,~
in tIte'.':v.x. I':.:~'..;.e~:~.,-:::~
~::~'~J"~~~,.fl2t..v,.
n...",b~
':'0' ~ed :v ~ ~. ,:"ii:::v..m
i;' .:or:'~.;.;
Be. ,;~~, m .:~~'" :b~w'
~w,w-
2.8.8
The Architect shall not have control over or charge of
and shall not be responsible for construction means, methods,
techniqla, ~
orprocedt n'eS,or for safety precautions and
programs in connection with the Work, since these are the
Contractor's responsibility under the Contract for Construction.
The Architect shall not be responsible for the Contractor's
scltedules or failure to cany out the Work in accordance with the
Con1I3ct Documents. The Architect shall not have control over
or charge of acts or omissions of the Contractor, Subcontractors,
or their agents or employees, or of any other persons performing
portions of the Work.
2.8.2.2 The Architect shall~
to the Owner known
deviationsfrom the ContractDocumentsand from the most
recentconstructionschedulesubmitted1n:the Contractor. '.fhe
A2cmt~t shaH!10t~.i.,;;coi.trol 0,;:£ or ;;ltmse vl' M1dshaH!~
be ...~.,...wibl..1'v."".wtlt1CbO!1
.11ean3,
,~~,
,~..Ii'it1C~,
-;
~"'t
ee~v. }'.~.J1es, vI ':v! Jaf;;~ yoecsutio.!Sd!£~yIo"
~ams in vvl1r.eebvl.~ith 11&;:;
':,' vok, since theseare the eontI"..tv.'~ ."".,
ibilit, tm.k. ~.;; evl.traet ':.x ev tlt1Cbo...
However. the Architect shall not be responsiblefor the Contractor's seti:c'.mesvi failme to ~'Y Ori~!)erform the Work in
accordancewith the re(!Uirementsof the ContractDocuments.
The Architect shall be res!,<>nsible
for the Architect's n~aent
actsand omissions but shall not have control over or chargeof
and shall Dotbe res~ible for actsor omissions of the Contractor, SuOOontractors,
or their agentsor employees,or of any
other~
or entities perfOmtingportions of the Work.
[unchanged from 1987 Subparagraph 2.6.7]
2.8.2.3 lk Archita:t sball atall tiIJD haveaccessto the Work
where,'er it is in preparationor progress.
2.6.6
Except as may otherwise be provided in the Contract
Documalts or when direct commwrications have been specially
authorized, the Owner and Cootractcx"shall cormnwricate through
the Architect
Connnwrications by and with the Architect's
consultants shall be through the Architect
2.8.2.4 Exceptas may otherwise be provided in It.;:;evoltlav~
~m~.%.ts this A~ent
or when direct communications
have been specially authorized,the Owner .h~ eOl.~ae~vi
shall endeavorto communicatewith the Contractorthrough
the Architect aboutmatters arisiDi out of or relatini to the
ContractDocwnents. Communicationsby and with the Architect's consultantsshall be through the Architect.
[from 1987Subparagraph2.6.11]
2.8.2.5 The Architect shall have authority to reject Work
which does not conform to the Contract Docwnents. Whenever the Architect considersit necessaryor advisable. for
~}'I
tati.,.. v; tI... inte..~vl' the eontraet Boe~ -;.e-;.ts,
the
Architect will have authority to require a~Jibv.lal inspection
or testing of the Work in accordancewith the provisions of the
Contract Docwnents,whc;ilieror not such Work is fabricated,
installed or completed. However, neither this authority of the
Architect nor a decision made in good faith to exerciseor not
to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agentsor employeesor
other persons or entities performing portions of the Work
2.8.3
2.6.9
Based on the Architect's observations and evaluations
of the Cootractor's Applications for Payment, the Architect shall
review and certify the amounts due the Contractor.
13 8141-1987/97
CERTIFICATION OF PAYMENTS TO
CONTRACTOR
2.6.3.1 B..~~ v.. tI." :u"iDtcct'~ vb~_;~tions ;n:.de-;~iaa
ti",~ ":g.,, ev~tlgvtv.'~ :~yyn_tiv.~ :v. Pa'l!!~~:.t;The Architect shall review and certify the amoWltsdue the Contractor
and shall issue Certificatesfor Pavmentin suchamounts.
1jA DOCUMENT 8141 .1987. 1997OWNEll-ARCHrI'ECf A<w.E£MJ!NTCOMPARISON. AlAe. C1987, 1997
mE AMElUCAN rnsmurn
OF ARCHrI'ECfs. 173SNEW YORK AVENUE. N. W., WASIDNGfON, D.c. ~S292
2.8.10 Th: Architect'sca'tificatioofoc JXIYnX21t
shall constitute
[Continuation of 1997 Subparagraph 2.8.3.1J
a reJX'esel]tation
to the Owner, basedon the Architect's observa- The Architect's certification for payment shall constitutea
tions at the site as provided in Subparagraph2.6.5 and on the representationto the Owner, basedon the Architect's ~';:.sel-'Qdatacomprising the Contractoc'sApplication for Pa}1Jlent,that tions at the site evaluationof the Work as provided in Subthe Wark has progressedto the point indicated and that, to the paragraph~
2.§..2and on the data comprising the Contracbestof~ Arclritect'sknowledge,information and belief, quality tor's Application for Payment,that the Work has progressedto
of~ W~ is in aaxxdancewith the ContractDocummts. The the point indicated and that, to the best of the Architect's
foregoing~tatioos
are subjecttoan evaluationof the Wark
knowledge, information and belief, ~ quality of the Work is
foc coof<:m)8I.:e
with the Contract Documentsupon Substantial in accordancewith the ContractDocwnents. The foregoing
Completion, to results of subsequenttestsand inspections,to representationsare subjectill to an evaluation of the Work for
rom OOviatioos
from the Contract Documentscorrectableprior confonnancewith the Contract Docwnents upon Substantial
to completion and to specific qualifications expressedby the Completion, (2) to resultsof subsequenttestsand inspections,
~
~ i8suaJ¥:e
of a Certificatefor Paymentshall further ill to correction of minor deviations from the Contract Docuconstitute a representationthat the Contractor is entitled to ments~rreetable prior to completion, and ill to specific
payment in the amount certified. However, the issuanceof a ~cations
expressedby the Architect. .=fheissaafteeOJ...
a,
~ti;;-..~e a lel'r~entat!':.li
Certificate for Pa}1Jlentshall not be a representationthat the ee...jfi~te ""'~QJ~~ shaH."...~.1~r
v t "".tiA.-cl-litecthas (1) made exhaustiveor continuouson-site inspec- d.t die emtr_tva i~ "ntitled to ygJ..-ut in g."
tions to check the quality or quantity of the Work. (2) reviewed fied:o
construction means,methods,techniques,sequencesor proceThe issuanceof a Certificate for Payment
dures,(3) reviewedcopiesof requisitions receivedfrom Subcon- 2.6.3.2 IIOT.~-.-~r,
tractors and material suppliers and other data requestedby the shall not be a representationthat the Architect has (1) made
Owner to substantiatethe Contr3ctor's right to pa}1Jlentor (4) exhaustiveor continuouson-site inspectionsto checkthe
ascertainedhow or for what pwpose the Contractor has used quality or quantity of the Work, (2) reviewed construction
means,methods,techniques,sequencesor procedures,(3)
money previously paid on accolUltof the ContractSum.
reviewed copiesof requisitions receivedfrom Subcontractors
and material suppliers and other data requestedby the Owner
to substantiatethe Contractor'sright to payment. or (4) ascertained how or for what purposethe Contractorhas usedmoney
previously paid on aCCOWlt
of the Contract Sum.
2.6.11
The Archi~
shall have authority to reject Work which
does not confonn to the Contract Documents. Whenever the
Archi~
oonsi<bs it necessary or advisable for implementation
of the intent of the Contract Docwnents, the Architect will have
authority to require additional inspection or testing of the Work
in accordance with the provisions of the Contract Docwnents,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing portions
of the Work.
2.6.3.3 The Architect shall maintain a record of the Contractor's AP!'lications for Pa):ment.
(becomes1997Subparagraph2.6.2.5)
AlA DOCUMENT 8141 .1917. 1997OWNER..AaCImECT ~
COMPAlUSON .AJAe .CI917, 1997
mE AMERICAN INSTrrorE OF AACHO"ECTS,1m NEW YORK AVENUE. N. W~ WASInNGfON, D.C. ~~292
8141-1987/97
14
2.6.4
2.6.12 The Architect shall review and approveor take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples,but only for the limited
purposeof checkingfor conf<Xmance
with information given and
the design conceptexpressedin the ContractDocwnents. The
Architoot'sactionshall be takenwith ~ reasonablepromptness
as to cause no delay in the Work or in the constructionof the
0wIlt2" rs:of sq>aratecontractors,while allowing sufficient time
in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conductedfor the
purposeof detennining the accuracyand completenessof other
details suchas dimensionsand quantities or for substantiating
instructions for installation or performance of equipment or
systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent reqUired by the
ContmctIhuments. 100 Architect's review shall not constitute
approval of safetyprecautions or, unless otherwise specifically
stated by the Architect, of construction means,methods,techniques, sequencesor procedures. The Architect's approval of a
specificitem shall not indicate approvalof an assemblyof which
the item is a component. When professionalcertification of
performancecharacteristicsof materials, systemsor equipment
is reqUired by the Contract Docwnents, the Architect shall be
entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance
criteria reqUiredby the ContractDocwnents.
[from last sentence of 1987
Subparagraph
2.6.12 above]
15 8141.1987/97
SUBMmALS
2.6.4.1 The Architect shall review and approveor take other
appropriateaction upon ~ Contractor'ssubmittals suchas
Shop Drawings, Product Data and Samples,but only for the
limited purposeof checking for conformancewith information
given and the design conceptexpressedin the Contract Documents. The Architect's action shall be taken with suchreasonable promptnessas to causeno delay in the Work or in the
-.v.~tIu..hvu activities of the Owner. Contractoror m separate
contractors,while allowing sufficient time in the Architect's
professionaljudgment to permit adequatereview. Review of
suchsubmittals is not conductedfor the purposeof detemlining the accuracyand completenessof other details suchas
dimensionsand quantities. or for substantiatinginstructions
for installation or performanceof equipmentor systems.de~i~"'; 'v} &" 6Cntlacto., ail of which remainthe responsibiiity of the Contractor ~vthe CA~~U~
M required by the Contract
Documents. The Architect's review shall not constitute approval of safetyprecautions or, unless otherwisespecifically
statedby the Architect, of construction means,methods,techniques, sequencesor procedures. The Architect's approval of a
specific item shall not indicate approvalof an assemblyof
which the item is a component.
[last sentence becomes 1997
Subparagraph 2.6.4.3 below]
2.6.4.2 The Architect shall maintain a record of submittals
and col2iesof submittals su!J!'lied~ the Contractor in accordance with the reauirementsof the ContractDocuments.
2.6.4.3 When If professionaldesiil} servicesor certification§.
~ a desi~ professionalof peiivilttaltee e~12iia~~~risties
of
lnat~iiais, relatedto systems.materials or equipment~ m
s~ificallx requiredof the Contractor by the Contract Documents,the Architect shall s~~
awo12riate Derformanceand
design criteria that suchservicesmust satisfy. ShQ12
Dra~s
and other submittals related to the Work desilffied or certified
bv the desi~ mofessionalretained bv the Contractor shall
bear such~ofessional's written approvalwhen submitted to
the Architect. The Architect shall be entitled to rely upon ~
ade~cx. accura~ and cornmetenessof the services.such
certifications or amovals Derformed~ such desilm Drofessionals. tv ,,~tabii~l. tl...t tt."
te.iai", "J"te~." v. e'1mpr!!e~~t
..in .~eettl." l""'."v""",,~ v. it". ia ""1t!i1edb, the eo~~1Ia;;,~
Bocm:.~ell~.
~ DOCUMEJlT 8141 .1917 -1997 OWNa.ARCHUECf AGItEEMENT COMPAlUSON.AlAIIJ.
C1917. 1997
mE AMERICAN INSTnUrE OFARCHrrncrS. 173' NEW YORK AVENUE, N.W.. WASHINGrON. D.c. 20006-'292
2.6.5
2.6.13 The Architect shall prepare Change Orders and
Coostnx:booChange~ves,
with supporting docwnentation
and data if deemednecessaryby the Architect as pro~ded in
Subparagraphs3.1.1 and 3.3.3, for the Owner's approval and
executiooin accordancewith the Contract Documents,and may
authorizemm changesin theWn not involving an adjustment
in tlr; ContmctSwn or an extensionof the ContractTime which
are not inconsistentwith the intent of the ContractDocuments.
ri"~"
t"UYI~1UI1
:-:--
=- .AA~
III
IVVI
eamonJ
CHANGES IN THE WORK
2.6.5.1 The Architect shall prepareChangeOrders and Construction Change Directivi;S, ith S~y}'(-..~ d.x-mr&cntativli
and data if decIDedII~SM'
b] tI." A!"bit""t "" p.v.ided in
Sl2bpMagrapm.
3.1.1 d 3.3.3, for the Owner's approval and
execution in accordancewith the Contract Docwnents..;-and
The Architect may authorizeminor changesin the Work not
involving an adjustment in the Contract Swn or an extension
of the Contract Time which are nv~incomistci.~ consistent
with the intent of the ContractDocwnents. If necessm. the
Architect shalll2I~.
r~oduce and distribute Dra~s
and S~ifications to describeWork to be added.deleted or
modified. as l2rovidedin Paragral2h2.8.2.
2.6.5.2 The Architect shall review ~lx
prepared.timely
reaue~ts~ the Owner or Contractor for changesin the Work.
tect ma~ issue an order for a Minor Chanie in the Work or
recommendto the Owner that the re~sted c~e
be denied.
2.6.5.3 If the Architect detem1inesthat implementation of
the reQYested
chanies would result in a material chanie to the
Contract that ma~ causean ad_iustmentin the Contract Time or
Contract Sum. the Architect shall make a recommendationto
ChanaeOrder or other al21!!:°mlate
docmnentationfor the
Owner's executionor ne2otiation with the Contractor.
2.6.5.4 The Architect shall maintain recordsrelative to
chanies in the Work.
2.6.6
2.6.14
The Archi~t shall C<X1d\r.t
inspex:tionsto ootem1ine the
date or dates of Substantial Completion and the date of final
completion, shall receive and forward to the Owner for the
Owner's review and records v.Titten warranties and related
documents required by the Contract Documents and assembled
by ~ Conbuctoc, and shall issue a final Certificate for Payment
upon compliance with the requirements of the Contract Docu-
ments.
PROJECT COMPLETION
2.6.6.1 The Architect shall conduct inspectionsto determine
the date or datesof SubstantialCompletion and the date of
final completion, shall receive from the Contractorand forward to the Owner. for the Owner'sreview and records.written warranties and related docwnentsrequired by the Contract
Documentsand assembledby the Contractor,and shall issue a
final Certificate for Paymentbased Y12QD
a [mal ins~tion
indica1iDi the Work COUlulies
!!po.. C(!ft!pliafteewith the requirementsof the ContractDocuments.
~DOC~TB141
.1917-19970WNER.-ARCHrn:cr A~COMPARISON.
AlAe .CI917,1997
lHEAMElI.ICAN lNSTmrrEOF ARCHrn:crS.I73~ NEW YORK AVENUE, N.W~WASIDNGfON, D.C. 2()006.~292
8141-1987/97
16
2.6.6.2 The Architect's ~tion
shall be conductedwith
the Owner's R~esentatiYe for conformanceof the Work with
the reouirementsof the Contract Documentsand to ~
the
accuracyand com~letenessof the list submitted by the Contractor of Work to be conwleted or corrected.
2.6.6.3
correctionof the Work.
2.6.6.4 The Architect shall receive from the Contractorand
forward to the Owner: (1) consentof suretYor sureties.if an~to reduction in or ~artial releaseof retainase or the makinS of
I a
ent and
.ts. receiots. releases 8nd wAiv-.rs
of liens or bonds ind~nmib:ins the Owner asainst liens.
2.6.15
The Architect shall interpret and decide matters
concerning perfOImance of the Owner and Contractor under the
requirements of the Contract Documents on Mitten request of
either the Owner or Contractor. The Architect's response to such
requests shall be made with reasonable promptness and within
any time limits agreed upon.
2.6.16
Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in Miting or in the form of
drawings.
When making such interpretations and initial
decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17
The Architect's ~isions on maim relating to aesthetic
effoot shall be final if consistent with the intent expressed in the
Contract Documents.
2.6.18
The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract
[becomes 1997 Subparagraph 2.6.1.7 above]
[becomes 1997 Subparagraph 2.6.1.8 above)
[becomes last sentence of
1997 Subparagraph 2.6.1.9 above]
[becomes first sentence of
1997 Subparagraph 2.6.1.9 above)
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contmctor,exceptfor thoserelating to aestheticeffectas provided
in Subpamgraph2.6.17,shall be subject to aIbitmtionas provided
in this Agreementand in the Contract Documents.
[not included in 1997 edition)
ARTICLE 2.7
17 8141-1987/97
FACILrTY OPERATION SERVICES
2.7.1
The Architect shall meet with the Owner or the
~er's
Desiwated R~resentative DromDtl~after Subs~tial
Com~letion to review the needfor facilitY o~ation services.
AlA DOCUMENT 81.1 .1917 -1997 OWNER-ARCHII'ECf A~
COMPAlUSON.AIAC>. C1917,1997
rnEAMERICAN INS1mJTEOF ARCHII'ECfS.I73S NEW YORK AVENUE, N.W. WASIDNGTON.D.C. 2<MK16-S292
[new provisions in 1997 edition]
2.7.2
Uoon re~st of the O\'t11er.and roOf to the ~iration of one ~earfrom the dateof Substantial CQm121etion.
the
Architect shall conducta m~
with the O\'t11erand the
O\'t11er's
Desi~ted Rwesentative to review the facilitY
~tions
and !)erformanceand to make al2l2Ig.miate
recommendationsto the O\'t11er.
ARTICLE 2.8
SCHEDULE OF SERVICES
2.8.1
Desi~ or Contract Administration Serviceswond
the followin~ limits shall be ~rovided 12.):
the Architect as a
Change in Servicesin accordancewith Paragra~h1.3.3:
.1 Y12JQ
( ) reviews of eachSho~Drawina.
Product Data item. Sampleand similar submittal of~
theCOl1uactor.
.2 ~
( ) visits to the site by the Architect
over the duration of the Project durini construction.
.3 ~
( ) ins~tions
for any ~rtion of the
Work to determine whether such !>Ortion of the Work
is substantiall~ comj2lete in accordance with the
regyirements of the Contract Documents.
.4 ~
( ) ins~tjons
for any oortion of the
Work to determine final coffij2letion.
2.8.2
The followini ContractAdministration Services shall
be l2I:°videdb~ the Architect as a Charuzein Servicesin accordance with Para~a~h 1.3.3:
.1 review of a Contractor'ssubmittal out of sequence
from the submittal schedulea~eed to by the Archi-
~
.2 res~nses to Contractor'sregyests for infonnation
where such information is available to the Contractor
from a careful stu~ and coml2!!risonof the Contract
Documents.field conditions. other Owner-orovided
infonnation- Contractor-m~ared coordinationdrawin2s. or wor Projectcorres~ndence or documenta-
~
.3 P"'p=ms B.a..it~", Sp""'iftcatio.!SmId ;:,1f.crdoct!
..."..tativu a..d "..yyv.titlg data,~.~i~1iDs e~JtJaetv.'" y.vyv"ai", : y.v.idDt~ ~tb~. s~.-;ieesin ~~..""tiv':' "itb ChangeOrders and Construction
ChangeDirectives regyirin2 evaluationof oroDOsals.
includin2 the m~aration or revision of Instruments
of Service:
[from 1987Subparagraph3.3.5below]
.4 PJoviding consultationconcerning replacementof
Work da!!mged'vJ resultiDi from fife or other cause
during construction; ""d ;UA.ri~tm'e>~~. .r_~ re~Jifed
u. "".tr."",trVll ..rdt g.~ .~yIQ_"'~llt vf ~t!Ch'.'.';:.;:'.;:.
AlA DOCUMENT B1~1 .1987 -1997 OWNER.-ARCHrrF.CT
A~
CO~ARJSON .AlA*
.CI987, 1997
mE AMERICAN INSTIl'UTE OF ARCHrrF.CTS,m~ NEW YORK AVENUE,N.W. WASHINGfON, D.C. 20006-~292
8141-1987/97
18
[from 1987Subparagraph 3.3.7 betow)
.5 Pro-.~.:IiI-.e,
scr-.i""" in "...tuating evaluation of an
extensivenumberof claims submitted by the Owner's
consultants.the Contractor or others in connection
with the Work:.
.6 Pro~.-i.iil-,g
se~-.-ice~
in eem"""ti~~..itJ, e...IUQbntS
evaluation of substitutionsproposedby the Owner's
consultantsor contractor§.and making subsequent
revisions to Bra.-.ing~,SY'""'m~ti~..., ...,.; ~tI.".
d~t!me!!tatio.t Instrumentsof Serviceresulting there-
from;
.7 P!ey",i!~ d"""'""llt~ ureDarationof desiill and documentation for alternate,separateo. ~~qu~..halbtd~ v,
pro-.;dr!tSse!;t_~ in ~
hv.. ..ttb bidding, ll~~Vtiatio!t o. eo.~t!uvhv.. Y' tv. tv tb~ ~...pl~hvll vf tI...
eo;-':;~,l(,tiO!tBoemn"'lltsPI,a~",.bid or uro~al reQUests
I2rouosedby the Owner: or
.8 ~~-.-;..iiI.~se.-;~cesaft.:.,is~tIa..- tv tI.~ 8 ~. vftl""
;,.;:~Iee!'tificate ;v. PuJ...~..t,v. ...v.~ tI , Contract
Administration Servicesurovided 60 days after the
dateof SubstantialCompletion of the Work.
2.8.3
[1997 Clauses replace
1987 Subparagraphs
indicatedbelow]
The Architect shall furnish or
designated:
Senices
Resoonsibilin:
Location of Service
(Architect, Owner Description
or Not Provided)
3.4.1
[new service replaces 3.4.19]
[new service in 1991 edition]
3.4.6 and 3.4.15
3.4.2
3.4.3
3.4.4
3.4.7
3.4.8
3.4.13
3.4.9
3.4.12
3.4.10
3.2.1
3.4.9
3.4.17
3.4.16
3.4.18
3.4.14
.1 Progl:amming
.2 Land Survey Ser\ices
.3 Geotechnical Services
.4 Space SchematicsIFlow Diagl:ams
.5 Existms Facilities SurveYs
.6 Economic Feasibili~ Studies
.7 Site Anal~sis and Selection
.8 Environmental Studies and R~rts
.9 Owner-Suvvlied Data Coordination
.10 Schedule Develovrnent and Monitoring
.11 Civil DesiW
.12 Landsca~ DesiW
.13 Interior DesiW
.14 SDeCialBidding or Negotiation
.15 Value Anal~sis
.16 Detailed Cost Estimating
.17 On-Site Project R~esentation
.18 Construction Management
.19 Start-Ul2 Assistance
.20 Record Dra~s
.21 Post-Contract Evaluation
.22 Tenant-Related Services
.23
.24
.25
Descri~tion of Services.
19 8141-1987/97
AlA DOCUMENT 8141 .1987 -1997 OWNER-ARCHrrBCT AGREEMENTCOMPARISON.AIA~.
01987, 1997
THE AMERICAN INS1TI1m OFARcurrncrs, 173-'NEW YORK AVENUE, N. W, WASIDNGfON, D.C. 2(MX)6.-'292
ARTICLE 2.9
[replaces 1987 Article 12 below]
ARTICLE 3
ADDITIONAL SERVICES
3.1
GENERAL
3.1.1
Theservicesdescrilm in thisArticle 3 are not included
in Basic Serviceslmlessso i<b1tifiedin Article 12,and they shall
be paid for by the Owner as provided in this Agreement, in
addition to compensation for Basic SeIVices. The services
describedunder Paragraphs3.2 and 3.4 shall only be provided
if authorized or confumed in writing by the Owner. If services
descn"bed
UIKJerCootingentAdditional SeIVicesin Paragraph3.3
arerequireddue to circumstancesbeyondthe Architect's control,
the Architect shall notify the Owner prior to commencing such
savices. If theOwner deemsthat suchservicesdescribedunder
Paragraph 3.3 are not required, the Owner shall give prompt
writtennotice to theArchitect. If the Owner indicates in writing
that all or part of such ContingentAdditional SeIVicesare not
~
the Architect shall haveno obligation to provide those
Services.
MODIFICATIONS
2.9.1
Modifications to this StandardFonn of Architect's
Services:Desiil! and Contract Administration. if any. are as
follows:
~ its execution.this StandardFOfUlof Architect's Services:
Desi2n and ContractAdministration and modifications hereto
are inco~rated into the StandardFonn of Ail:eement Between the Owner and Architect. AIA Doc\nIlent B 141-1997.
that was enteredinto Px the !1artiesas of the date:
'-
StandardForm ofAgreement
BetweenOwnerand Architect
with StandardForm ofArchitect's Services
1.3.3
CHANGE IN SERVICES
1.3.3.1 7.." "e.. ices ~~seritJedtt! this ~tiete 3 are n.:.~iI..,,1t2~~ in Ba"ie Se.-.ieesImtessso identified in ;..~.iele tz, aIA~
tt"'J "I..." be paid 1".:.[
tJ ti!e G-..neras p.o-.~dedin tiris ~~eernent; in additi':'i! to ~u.~..;;ation ';.:.rBasie Se..-iees. =fbe
"". .i""" de"".itJed der Ponagrapm3.~ aud 3.~ shalt .:.m, be
".v.ided if a...tI.v.~edv. "".':u...ed tt. ~.itittg bJ tt.e 8.;.!er.
Change in the Servicesof the Architect. including services
regYiredof the Architect's consultants.mav be accom~lished
after executionof this AlZreement.without invalidating the
Agreement. if mutuall~ agreed in writing. if se..-ieesdeseritJed
m!de. 6.:..rtit!ser!t~dditional Se..;ees tt! Paragrap;-.3.3 are
required due-to!!x circumstancesbeyondthe Architect's control. or if the Architect's servicesareaffected as described in
Sub~aragra~h1.3.3.2. In the absenceof mutual a~ent
in
writing. the Architect shall notify the Owner prior to UIQvidini
~r.11neneirrgsuchservices. If the Owner deemsthat ~
11!!I1.Qf
suchChangein Servicesd ". itJedtm.k. Para~ a"h 3.3
are ~ not required,the Owner shall give prompt written notice
to the Architect...m4. If the G-..h~. tt!dieatesin i1i1:~that
aMvapart vf "...,,~.ev..tinsent ~dditio.ml Se.;iees one~.ot
."qt2i!ed, the Architect shall haveno obligation to provide
those services. Exceot for a changedue to the fault of the
Architect. C~e
in Servicesof the Architect shall entitle the
Architect to an adjustmentin com~ation OUfsuantto Para~a~h 152- and to anv ReimbursableExoensesdescribedin
Sub~ara~I!h 1.3.9.2and ParalZraoh1.5.5.
AlA DOCUMeIT B141 .1987 -1997 OWNER.-ARCHrrEcr A~Nf
COMPARISON. A]A* .C1917, 1997
mE AMERICAN 1NSTnuI'E OF ARCHrrEcrS, 173' NEW YORK AVENUE,N.W. WASIBNGfON, D.C. 20006-'292
B141-1987/97 20
3.2
PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1
If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provioo one or more Project Representatives to assist in canying
out such additional on-site responsibilities.
[becomes item .17 in 1997 Paragraph 2.8.3 above)
3.2.2
Project Representativesshall be selected, employed and
directed by the Architect, and the Architect shall be compensated
therefor as agreed by the Owner and Architect. The duties,
responsibilities and limitations of auth<Xityof Project Representatives shall be as described in the edition of AlA Document B352
current as of the date of this Agreement. unless otherwise agreed.
[not included in 1997 edition]
3.2.3
T1m>ughthe observations by such Project Representatives, the Architect shall endeavor to provide further protection
for the Owner against defects and deficiencies in the Work, but
the furnishing of such project representation shall not modify the
rights, responsibilities or obligations of the Architect as described
elsewhere in this Agreement.
3.3
CONTINGENT ADDmONAL SERVICES
3.3.1 Makingrevisionsin Drawings,Specifications
or other 1.3.3.2 If any of the followinll circumstJrncesaffect the
documents
whensuchrevisionsare:
Architect's servicesfor the Proiect the Architect shall be
~titl~ to an aI1I1rQuriate
adiu.c;tment
in the Architect's schedule and comuensation: ~.iakD!S1~.i~iv.1Sit. B.a~it.e.", S!",,",incatiom o. vtfl~. doctm!~&&ts
..t.~.. ~u~t..~.i"iv
...e.
.1 inconsistentwith approvals or instructions previously
given by the Owner, including revisionsmade necessaryby adjus1ments
in the Owner'sprogram or Project
budget;
.1 m,t.si"t"..t..
ill. chanlZein the instructions or approvals o~ illStru"ti~.~ y.".i~...,I, given by the
Owner , includitrg that necessitate revisions made
~cccs~J b, aJ~...,tr.."..ts iI. tit" 8,...".'" I"~~"'"
o.
Prv~cct budg"t, in mstrwnents of Service
.2 requjred by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such
documents; or
.2 rc-ittircd by tI." enactmentor revision of codes,laws
or regulations or official int~retations which
necessi~techanQesto mevious\v m~ared Instrumentsof Service: st&~scql2C.rt
t~ II." y."y...ativ.. vf
suc~.docmtrcnts;~.
.3 due to changesrequired as a result of the Owner's
failure to render decisions in a timely manner.
.3
;?-~c to
in
3.3.2
Providing services required because of significant
changesin theProja;t including, but not limited to, size, quality,
complexity, the Owner's schedule,or the method of bidding or
negotiatingand contractingfor construction,exceptfor services
required under Subparagraph5.2.5.
c~.a;:.e;cs
::~ilmcto
rc'im.ed
.crlder
a timely
a~ a ,...~mt
decisions
of
the
uftb...
8..,.v""
Owner
not
render~
manner~7
.4 Pro-.-i.:m-.gsc ices ,v...t!i!ed bee ,... uf significant
c~~cs
limited
schedule
~
to,
in
size,
the
quality,
or bugget.
or
ti~;:.,
bidding cxeey~
or I!cgotiatir'e>
::~r sc;:-.ices
Project
including,
complexity,
the
but
the
orocurement
u..d
..c...nired
vv..tr"vtin~;v. ;...,
not
Owner's
method~
of
Su'vpu."~"pl.
"".."tru
H:5:o
3.3.3
PreparingDmwings,S~ifications and other docwnentation and supportingdata,evaluatingConlmctors proposals,and
providing other servicesin connectionwith ChangeOrders and
Construction ChangeDirectives.
21 8141-1987/97
[becomes 1997 Subparagraph 2.8.2.3]
AlADOCUMENTB141.1917-19970WNER.-ARCHrrECT
A~COMPAlUSON.
mE
AMERJCAN INS1TnJrE
OF ARCHn"EcrS,
AIA~. 01917,1997
173-' NEW YORK AVENUE, N.W ~ WASHlNGfON,
D.C. 20006--'292
3.3.4
Providing services in connection with evaluating
substitutioosproposedby ~ Contractor and making subsequent
revisions to Drawings, Specificationsand other doc1U1lentation
resulting therefrom.
[becomes
3.3.5
Providingconsultation~
replacementof Work
damagedby fire (X'other causedming construction,and furnishing servicesrequiredin connection with the replacementof such
Work.
3.3.6
Providing servicesmade ~sary
by the default of the
Contractor,by major defectsor deficiencies in the Work of the
Contractor, or by failme of performanceof either the Owner or
Contractorunder the Contractfor Construction.
3.3.7
Providing servicesin evaluating an extensivenumber
of claims submitted by the Contractor or others in connection
with the Work.
3.3.8
Providing servicesin connectionwith a public hearing;
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9
Preparingdoc.uments
for alternate,separateor sequential bids or providing services in connection with bidding,
negotiation or construction prior to the completion of the
Construction DocwnentsPhase.
3.4
OPTIONAL
ADDmONAL
2.8.2.6]
.5 ~;:;-.~dins se..~ces i.mde !!eeeSSm, t) tI..:. d"iamt vi
the 6;:;;:.traC;;':'i,';:.).'m.]v. dei.:c.tsv. J"fj"i"u"i""
in tit"
'::OiX .:.:1'the6.:.r.tlaetv., v. b, failure of performance
on the 12artof either the Owner. the Owner's consul~
or ~ Contract~ 12L~er1t;; 6;:;..1[...:.;;:1":'i6.:.r.!t!-.:.~t!O!!.
[becomes 1997 Subparagraph
2.8.2.5]
.6 Pfo-.iding set-.icesin .x.miiX-b"li ~ith m:~aration for
and attendanceat a public hearing, arbitrab".. D.
dis~ute resolution proceedingor D.legal proceeding
exceptwhere the Architect is party thereto:.7
.7 change in the information contained in Article 1.1.
SERVICES
3.4.1
Providing analyses of the Owners
ming the requirements of the Project.
3.4.2
1997 Subparagraph
needs and program-
Providing financial feasibility or other special studies.
[becomes item .1 in 1997 Paragraph 2.8.3 above]
or
3.4.4
Providing special surveys, environmental studies and
sulxnissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.3
Providing planning surveys, site evaluations
comparative studies of prospective sites.
3.4.5
Providing
and equipment.
services relative
to future facilities,
systems
3.4.6
Providing services to investigate existing conditions or
facilities or to make measured drawings thereof.
[becomes item.5 in 1997 Paragraph 2.8.3 above]
3.4.7
Providing servicesto Vl'rify the accuracy of drawings or
other information fwonished by the Owner.
3.4.8
Providing coordination of construction perfonned by
~te
contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner.
AlA DOC~T
8141 .1917 -1997 OWNEll-AP..CHrrECTAcaEEMENr COMPARISON. A1A(i) .01987. 1997
mE AMERICAN 1NSTrrurE OFAP..CHII'ECfS.173' NEWYORK AVENUE.N.W. WASIDNGfON. D.C. 20006-'292
8141-1987/97
22
3.4.9
Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10
Providing detailed estimates of Construction Cost.
3.4.11
Providing
material,
equipment
3.4.12
Providing analyses of owning and operating costs.
detailed
and
quantity
surveys
or inventories
of
[not included in 1997edition]
labor.
[becomes item .15 in 1997 Paragraph 2.8.3 abctve)
3.4.13
Providing interior design and other similar services
required for or in connection with the selection, procW"eDlentor
installation of fwniture, fwnishings and related equipment
[becomes item .13 in 1997 Paragraph 2.8.3 above)
3.4. 14
(becomes item .22 in 1997 Paragraph 2.8.3 above]
~
servicesf<X"pl~
tenant or rental spaces.
3.4.15
Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16
Preparing a set of reproducible record <hawings showing
significant changes in the Work made during construction based
on marked-up prints, drawings and other data furnished by the
Contractor to the Architect.
3.4.17
Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18
Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final Certificate foc Paynx:nt, more than 60 days after the date of Substantial
Completion of the Work.
[becomes Clause 2.8.2.8 above; also covered
as item .21 in 1997 Paragraph 2.8.3 above]
3.4.19
Providing services of consultants for other than
architectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic Services.
[becomes items .2, .3, .11 and .12
in 1997 Paragraph 2.8.3 above)
3.4.20 Providing uny other services not otherwise included in
this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
23 8141-1987/97
AlA DOCUMENT B141 8 1987-lmOWNEll-ARCHn'Ecr
A~COMPARJSON
8 AIACII8 C1987. 1m
mE AMERICAN INSTmrrE OF ARCHn'EcrS, 173-'NEW YORK AVENUE, N. W~ WASHlNGfON, D.C. 20006--'292
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full infOImation regarding
requirelnmtsfcx theProject,including a program which shall set
forth the Owner's objectives, schedule,constraintsand criteria,
including space requirements and relationships, flexibility,
expandability,specialequipment,systemsand site requirements.
(Owner's program becomes 1997
4.2 Th: ~
shall~blish am update
an overallbudgetfor
the Project,including the C<JriStJ1:iCtitiri
Cos(ilie OWIl-ersotli~
costsand reasonablecontingenciesrelatedto all of thesecosts.
1.2.2 OWNER
1.2.2.1 Unless Q1DmriseDTovidedunderthis Agreement.the
Owner shall provide full infom1ation in a timel~ manner
regarding requirementsfor and limitations on the Project. ;
melajif:.e;:a y'OSlM!. ~_tDvh~t.~H~vt .rv.ritrit~ 8~..~..'s vbjeeti-.~, seL~mv, vv~tr"mts ~d e.itv.i~, it.vlumns ~l""'" :~~.mel!.~l!ts~d .vl~ti~.!Smy~,Bvxibili~J' ~~Y""';"'bmtJ, ~l""'ial
e~.JiyALe.:.t,
s,stv..~ ~d ~it~'~'iait~..."..ts. The Owner shall
furnish to the Architect. within 15 davs after receiut of a ~tten reQuest.information necessarYand relevant for the Architect to evaluate.give notice of or enforcelien ri~ts.
1.2.2.2 The Owner shall establishau'; miodicallv updatean
~
~bUdgetTorthe PrOjooCincliidin:g1heevi!S:::;=-.lCH~n
eo~..,1t.~';:;-;.-r.ers
O*,~I costsM.d .~~v bl" vv..ti!'!!J~.."i~
related to all ofrit~~e co~ts.that oortion allocatedfor the Cost
of the Work. The Owner shall not significantlv increaseor
decreasethe overall bu~et. the oortion of the buQiet allocated
for the Cost of the Work. or contingenciesincluded in the
overall
-
ment of
sco
4.3
If requested by the Architect, the Owner shall furnish
evi~
that financial aITangementshave ~
made to fuIfil1 the
Owner's obligations lmder this Agreement.
4.4 The Owner shall designate a representative authorized to
act on the ()wIQ's 1rl1aIfwith respect to the Project. The Owner
or such authorized representative shall render decisions in a
timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect's services.
4.5 The Owner shall furnish swveys describing physical
characteristics,legal limitations and utility locations for the site
of the Project, and a written legal descriptionof the site. The
smveysandlegalinf<Xrnationshall include,as applicable,grades
and linesof streets,alleys,~~
and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions,
eaSmlents,encroachments,
zoning, deed restrictions,boundaries
and contO\nof the site; locatioos,din1a1sionsand necessarydata
pertaining to existing buildings, other improvementsand trees;
and information concerningavailable utility servicesand lines,
both public and private,aboveand below grade,including inverts
and depths. All theinfonnation00the survey shall bereferenced
to a projectbenchmark.
4.6 The Owner shall furnish the services of geotechnical
engineers when such servicesare requestedby the Architect.
Sucll servicesmay include1xJtare not limited to test borings, test
pits, detemlinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and
resistivity tests,including necessaryoperationsfor anticipating
subsoil conditions, with reports and appropriate professional
ect
1
.
1.2.2.3
The Owner's Desi~ted
s~.aHdesiglmte 3 Represen-
tative identified in ParagraDh1.1.3 shall be authorizedto act
on the Owner's behalf with respectto the Project. The Owner
or the Owner's Designatedor St2,,~ar.~viized Representative
shall render decisions in a timely manner~':.dini1!S ~
~
to docwnents submittedby the Architect in order to
avoid tmreasonabledelay in the orderly and sequentialprogress of the Architect's services.
recommendations.
~ DOCUMENT B141 .1917 -1997 OWNEII..-AB.CHrrF.crA~
COMPARISON. AlAi&) .Cl1917, 1997
nm AMERICAN msTmJrB OF AB.CHrrEcfS. 173' NEW YORK AVENUE,N.W. WASImlGfON. D.C. ~'292
8141-1987/97
24
4.6.1
The Owner shall fwnish the servicesof other consultantswhen suchservicesare reasonablyrequiredby the scopeof
the Projectand are requestedby the Architect.
1.2.2.4 The Owner shall furnish the services of other consultants other than those desigD.§ted in Paral1Iaoh 1.1.3 or authorize the Architect to furnish them as a Chan.Il.ein Services
when such services are reQYestedb~ the Architect and are
reasonably required by the scope of the Project. a,!d ale re'iU'-"~""';by tJ..:.:~~m~~.
4.7 TheOwner shall furnish structural, mechanical,chemical,
air and water pollution tests, testsfor hazardousmaterials,and
o~ la1xxatOJy
and mvironmental tests,inspectionsand reports
required by law or the ContractDocuments.
1.2.2.5 lJnless otherwise l2Iovided in this A~eernent. the
Owner shall furnish tests. ins~tions
and ~rts
reauired bv
law or the Contract Documents. such as structural, mechanical, ~
chemical ~,
tests for air and water pollution. tem;
~
tests for hazardous materials. , =-.; vtb..., latJO.atoi} aL~
...!!vftv ,..."tal ~""ts, insyvvhv.!! ~,d ."po,ts r~1!i1eO ~J-la-.-; or
~... evutra"t ~t1ments.
4.8 The Owner shall furnish all legal, aCCOlDlting
and insurance
counselir.g servlccs as may benecessa.')' at any. time for the
Project, including auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what P\n'J>OSe8
the Contractor has used the money paid
1.2.2.6 The Owner shall furnish all legal, insurance and
ac.:.olLTltingau~m.;m"nee;x,1mS(;}tt-.g services. includin~
auditing services. that as may be reasonably necessary at any
time for the Project to meet the Owner's needs and interests.
ft,...lndmg auditing "". .i""" ti." 8 v. .""
J ."'1tDr" to .~! if)
~"evutlu,,~v:~ :.yyli~tiv~
~v. P uJ...~.t o. to asee;,..;:.ftt
Ito-.-;
v. ."v, "hat Y"'YV""~ tI." ev..tru"tv. im~ I2seO'It.~ rt!Oi'~J paid
bJ v, v.. bei.ulf vftl..:. ~;;i:;er-
by or on behalfof theOwner.
4.9 The services,infOIIIlation, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
ex{ense, and the Architect shall be mtitled to rely on the accuracy
and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the
Architect if the 0\Jmer ~es
aware of any fault or defect in the
Project or nonconfOln1aDce with the Contract Documents.
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certificatioos that would require knowledge or services beyond the scope
of this Agreement.
[becomes 1997 Subparagraph 1.2.3.7above]
1.2.2.7 The Owner shall urovide urompt written notice shaH
~ gi.e.. t] the C-.-;~~rto the Architect if the Owner becomes
aware of any fault or defect in the ProjecL includini anv errors.
omissions or inconsistenciesin the Architect's Instruments of
Service. VI IIVI""":;V"'I""~ ..il).I).~ eo..bact Boem-ue~.ts.
1.3.7.8 below]
Standard Form of Architect's Services:
Design and Consfruction Administration
ARTICLE 2.2
Z.Z.1
lJrue.c;s
S~II1callV aeSllrnB.team
t~a~a°!l L.1S.j.Ule
servicesin this Article 22 shall be orovided bv the Owner or
the Owner's consultAntsand contractors.
[from 1987Paragraph4.1 above]
25 8141-1987/97
SUPPORTINGSERVICES
2.2.1.1 TheOwnershalll',v.ide :~t iI::~,.~ti~., .-e.u-dil!S
""it!il
ts:~. tt,- P,~~eet,
met1sdif-.e;
~
a program
"tli,,~! shaHs~~~
forththeOwnei'sobjectives,schedule,
constraintsand criteria,includingspacerequirements
and
relationships,
ft"mbiti~.1'_~pandabiti~,specialequipment,
systemsandsiterequirements.
(from 1987 Paragraph 4.7 above)
2.2.1.2 The Owner shall furnish surveysdescribing ~
~
physical characteristics,legal limitations and utility
locations for the site of the Project, and a ~tten legal description of the site. The surveysand legal information shall include, as applicable,gradesand lines of streets,alleys, pavements and adjoining property and structures; adjacentdrainage; rights-of-way, restrictions, easements,encroachments,
zoning, deedrestrictions,boundariesand contomsof the site;
locations, dimensionsand necessarydatape.:...D!ingd
~
to existing buildings, other improvementsand trees;
and information concerningavailable utility servicesand lines,
both public and private, aboveand below grade, including
inverts and depths. All the infOImation on the survey shall be
referencedto a froject benchmark.
2.2.1.3 The Owner shall furnish the servicesof geotechnical
[from 1987 Paragraph 4.6 above]
engineers
~..'"'..
t~
,,"".. ,-~-'"".
..""~~"
""iU'-""~
~,--.tA__'-'
V] ..."
c-.."
"",...
S~h sc..-ices~
may include but are not limited to test
borings, test pits, detemIinationsof soil bearing values,percolation tests,evaluationsof hazardousmaterials, ground COIrOsion ~
and resistivity tests, including necessaryoperations
for anticipating subsoil conditions, with reports and appropriate prv;:~ssrona!
recommendations.
Standard Form ofAgeement
Between Owner andArchitect
with StandardForm ofArchitect'sSenices
ARTICLE 5
CONSTRUCTION
5.1
ARTICLE 1.3
TERMS AND CONDmONS
COST
DEFINmON
1.3.1
COST OF THE WORK
5.1.1 The ConstructionCost shall be the total cost or
estimatedcost to the Owner of all elementsof the Project
designedor specifiedby theArchitect.
1.3.1.1 The 6vu..tJu"tivu Cost of the Work shall be the total
cost Of- to the extent the Pro_iectis not ~leted.
the estimated cost to the Owner of all elements of the Project designed or specified by the Architect
5.1.2
TheCoos1nx:tionCost shall include the cost at current
maIka ratesof labor and materialsfurnished by the Owner and
equipmentdesigned,specified,selectedor specially provided for
by the Architect,plusa reasonableallowancefor the Contractor's
overheadand profit. In addition, a reasonableallowance for
cootingmciesshall be includedfor market conditions at the time
of bidding and for changesin the Work during construction.
1.3.1.2 The 6vu..tJl2CtivL Cost of the Work shall include the
cost at cwrent market rates of labor and materials fwnished by
the Owner and equipment designed, specified, selected or
specially provided for by the Architect, including the costs of
management or s~sion
of construction or installation
I2rovided bv a s~te
construction manalZer or contractor,
plus a reasonable allowance for tt.~ 60
act"..s ~
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 Work. dmittg COI1S~,:,ti,,~.
5.1.3
Construction Cost does not include the compensation
of the Architect and Architect's consultants, the costs of land,
rights-of-way, finaIMimg<X"
other costs which are the responsibility of the Owner as provided in Article 4.
1.3.1.3 6onstru.:-t!"L ~
Cost of the Work does not include
the compensation of the Architect and ~ Architect's consultants, the costs of land, rights-<Jf-way; om!;!financing or other
costs 'Wi1ich.thB!are the responsibility of the Owner. ~
,itXd iI..;...~..icfc
4.
HADOCU-.TB141
81917-19970WNER.-AP..CHrrEcr A~COMPARJSON
8 AlAaI. 01917,1997
THE AMERICAN INSrnurB OFAP..CHrrEcTs.173' NEW YORK AVENUE.N. W~ WASHlNGfON. D.C. 200>6-'292
8141-1987/97
26
Standard Form of Architect's Services:
Design and Consfruction Administration
5.2
RESPONSIBIUTY FOR CONSTRUCOON COST
I:replaces 1987 Subparagraphs 2.2.5, 2.3.2 and 2.4.3]
2.1.7
EVALUATION
THE WORK
OF BUDGET
AND COST OF
2.1.7.1 When the Proiect reauirements have been sufficiently
identified. the Architect shall ~
sttb..nt to the ';:;-..ner a
preliminary estimate of~
6"m.tI-ueti"b Cost of the Work.
This estimate ma~ be based on current area, volwne or other
tmit costs similar con~tual estimatechni~s.
~
desigJ:!m.Qgressesthrough the end of the preparation of the
Construction Documents. the Architect shall update and refine
the pre~
estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to ~ous
estimates of the p. emmtM] estiiiimte of SO.iSti..,,!:iv.. Cost gf
the Work indicated ro: c~es
in Proiect regyirments or
general market conditions. If at anv time the Architect's estimate of the Cost of the Work exceeds the Owner's b~et.
the
Architect shall make aWQl2riate recommendations to the
Owner to ad_justthe Proiect's size. ~li~
or budiet. and the
Owner shall ~ate
with the Architect in makini such
a4iustments.
5.2.1
Ewluations of theOwner's Project budget,preliminaJy
estimates of Construction Cost and detailed estimatesof Construction Cost, if any, preparedby the Architect, representthe
Architecfs bestjudgment as a design professionalfamiliar with
theconstructionindustry. It is recognized,however,that neither
the Architect nor the Owner has control overthe cost of labor,
materials or equipment, over the Contractor's methods of
detennining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannotand
doesnot warrant or representthat bids or negotiatedprices will
not vary from theOwner's Projectbudget or from any estimateof
Construction Cost or evaluation preparedor agreedto by the
Architect.
2.1.7.2 Evaluations of the Owner's~
budget~
~
~ preliminaI:y estimatesof 6"it!O Cti"ll ~ Cost 9i
the Work and .:le'...ncdmted estimatesof 6v,~tr ttetivu ~
Cost of the Work, if M'J-, preparedby the Architect -;- representthe Architect's ~ judgment as a design professional
familiar with the constructionindusny. It is recognized,
however, that neither the Architect nor the Owner has control
over the cost of labor, materials or equipment,over the Contractor'smethods of detennining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly,
the Architect cannotand does not warrant or representthat
bids or negotiated prices will not vary from the Owner's ~
jcct budget for the Proiect or from any estimate of6"m.h-.x.ti",r
~ Cost of the Work or evaluationprepared or agreedto by
the Architect.
5.2.2
No fixed limit ofCons1ructionCost shall be established 2.1.7.3 ~~o6...""; limit v~ 6v~t! tlctiOft 6v"t stmHbe csta{,..
as a condition of this Agreementby the furnishing, proposal or Ii"t.ed a" a vv..ditivu vf Ibj" :~~u.vut b] tt.v ~~.Ii~tliDe.,
-m::'css
s~~~.
establishmentof a Project budget, unless suchfixed limit has p,v!"",at O. c"tabtis~n.!cli~of a Prvj~~ '.:,11d6~~
and si~.ed '.:,J-1t~
beenagreedup<min writing and signed by the parties hereto. If :: ed In.lit ha" bee.! asreed~~ft A. ~;.-;~b1~
such fixed limit has been established,the Architect shall be pat-tics~.C!cto. If stlcbiaed Ii!-JJit~...sbee.. established; !n
pennittedto include contingenciesfor design,bidding and price pre!Jaringestimatesof the Cost of the Work- the Architect
escalation,to determine what materials, equipment,component shall be permitted to include contingenciesfor design, bidding
systems and types of constroction are to be included in the and price escalati~ to determinewhat materials, equipment,
Contract Documents, to make reasonable adjustments in the componentsystemsand typesof constructionare to be into make reasonableadjustscope of the Project and to include in the Contract Documents cluded in the Contract DoctJIDents:.
mentsin the scopeof the Projectand to include in the Contract
alternatebids to adjust the Construction Costto the fixed limit.
Fixed limits, if any, shall be increased in the amount of an Docwnents alternate bids as may be necessm to adjust the
increase in the Contract Sum occWTingafter executionof the estimated6ofts~-.xtiOft Cost of the Work to 'It.e~ed liLit.
meet the Owner's adjusted budiZetfor the Cost of the Work.
Contractfor Construction.
F~ed lirrlits, if ""], ~haHbe invleased in 'It.~;r...o-m:.t
of If an
increase in the Contract Swn occwring after executionof the
Contract~v. 6om xiv.. between the Owner and the Contractor causesthe bud!Zetfor the Cost of the Work to be exceeded.
that budget shall be increasedaccordingjv.
27 B141-1987/97
AlA DOCUMBfT B1~1 .1987 -1997 OWNER-ARCHrrECT A~.EE-~
COMPARISON. AlAe. CI987, 1997
mE AMERICAN tNS1TrorE OF ARClUl'ECfS, 173-'NEW YORK AVENUE,N. W ~ WASIDNGfON, D.C. 21MM)6.-'292
.1
1.2.3
If tOO
Bidding cxNegotiatioo~
hasnot commenced
within 90 days after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
dateof sulmissioo of the Construction Documentsto the Owner
and the date on which proposalsare sought.
2.1.7.4 Ifttle hidding or uegotiation Phasehas not commenced within 90 days after the Architect submitsthe Con-
6.2.4
If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
2.1.7.5 If a fix~ limit ,:,;:ev~tI...,tiv.. the m!4iet for the
Cost of the Work ~a~jt2Sted
as p.v,ided iI. St!bpMasrap~.
~
is exceededby the lowest bona fide bid or negotiated
proposal,the Owner shall:
s1J11ction
~wnents totheOv.ner,aftY~ ~
budget~
fixed limit ofeoltS-..:.x-tiol!~
Cost of the Work shall be
adjusted to reflect changesin the general level of prices in the
construction industry. ~';:;."".. tI." date vf s~t.mssion of the
evwtl~tion BocmDentsto tI:." 8wnCl and the date on -;c.,,;-~ch
proposalsare s~~sht.
give written approval of an increasein stICh~~
gi~ \\ritten approvalof an increasein suchfixed limit;
.1
.2
authorizerebiddingor renegotiatingof the Project
within a reasonable
time;
.2
authorize rebidding or renegotiatingof the Project
within a reasonabletime;
.3
if the Project is abandoned,tenninate in accordance
with Paragraph8.3; or
.3
if tI.~ Prvject is abft!t~v.ted;tetminate in accordance
with Pft!a~ap:! 8.3 Su~ara8lD!,h 1.3.8.5;or
.4
cooperatein revising the Project scopeand quality as
required to reducethe ConstructionCost.
.4
cooperatein re\lising the Project scopeand quality as
required to reducethe ev.J!i1l.~,;JC,bOft
Cost~
!imit;theb.et for theCostof theWork;
~.
5.2.5
Iftlx: 0\\.1lerchoosesto proceed\U1derClause 5.2.4.4,
the Architect, without additional charge, shall modify the
ContractDooumt21ts
asna:essaryto comply with the fixed limit,
if ~b1ished as a conditionof this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishmentof a fixed limit.
The Architect shall be entitled to compensationin accordance
with this Agreementfcx all scvicesperformedwhether or not the
Construction Phaseis commenced
2.1.7.6 If the Ownerchooses
to proceedunderClause
~
2.1.7.5.4. the Architect, without additional cbarse
com!Jensation.shall modify the eod1l.aetgocumentsfor which
the Architect is res~ible
under this Ailfeement as necessary
to comply with the ti"cd limit; if ""tabli"bcd ..~a eo;:.jitiv~ of
tin" Aglecnte;:.tb1!~et for the Cost of the Work. The modification of eontraet ~documents
shall be the limit of the
Architect's responsibility ...isir~ vut vf tI." ta~x.,bnteL:of a
tix~ limit under this Paraal:al2h
2.1.7. The Architect shall be
entitled to compensationin accordancewith this Agreement
for all servicesperformedwhether or not the .QODstroction
Pi'Iaseis commenced.
8141-1987/97 28
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
StandardForm ofAgreement
BetweenOwnerand Architect
with StandardForm ofArchitect's Services
1.3.2
6.1 The Drawings, Specifications and other docwnents
prepared by the Architect for this Project are insb"uments of the
Architect's service for use solely with respect to this Project and,
unless otherwise provided, the Architect shall be deemed the
author of these documents and shall retain all common law,
statutay and other reserved rights, including the copyright. The
Owner shall be permitted to retain copies, including reproducible
copies, of the Architect's Drawings, Specifications and other
docmnents for information and reference in COmlection with the
Owner's use and occupancy of the Project. The Architect's
Drawings, SpecificatiorlS or other documents shall not be used
by the Owner or others on other projects, for additions to this
Project or for completion of this Project by others, unless the
Architect is adjudged to be in default under this Agreement,
except by ~ent
in writing and with appropriate compensation to the Architect.
INSTRUMENTS OF SERVICE
1.3.2.1 =fheDrawings, ~ifications
and other docwnents&
incluQinathose in electronic fonn. preparedby the Architect
and the Architect's consultantsivr this Prvj~.. are Instruments
of~.~ k~~:'~...s ,S:ervice
for usesolely with respectto this
Project.. aDd,miles" otl.~.-"rse "ro~.ided;The Architect ~
Architecfs consultantsshall be deemedthe authors and ownm of tI!ese~m!.~!.~ their re~ve
Instrumentsof Service
and shall retain all common law. statutoryand otherreserved
rights, including the copyright!.
[balance of 1987 Paragraph 6.1 becomes
part of 1997 Subparagraph 1.3.2.3 below]
1.3.2.2 U!>ODex~ution of this Aareement.the Architect
g[§ntsto the Owner a nonexclusivelicense to reDroducethe
Archit~t's Instruments of Service solely for the uuroosesof
construcUDi. usini and rnaintainiruzthe Proiect. Drovided that
the Owner shall coml2l~with all obli~ations. includin~ DrOmDt
l2a~ent of all sumswhen due. under this AD;reement.~
Archit~t shall obtain similar nonexclusivelicensesfrom the
Architect's consultantsconsistentwith this Ai[eement. AD.Y
termination of this AgIeement~or to comoletion of the Pro_i~t shall terminatethis license. U~n suchtermination. the
Owner shall refrain from maJcirulfurther reoroductionsof
Instrumentsof Serviceand shall return to the Architect within
sevendaySof termination all ori~ls
and reoroductions in the
Owner's I2Qssession
or control. If and u!>OD
the date the Architect is ad_iud~edin default of this AlZreement.the fore~oiDg
license shall be deemedterminatedand reolaced bv a second.
nonexclusivelicense ~ttini
the Owner to authorizeother
simil~rl~ credentialeddesiiJ) orofessionalsto [e1)Ioduceand.
where ~tted
Q,ylaw. to makec_es.
co~tions or
addihOOStothe InStrumentsof Servicesolelvfor ouroosesof
£Qml11_- usini and rnaintainiruzthe Proiect.
6.2 Submission or distribution of docwnentsto meet official
regulatory requirementsor for similar pmposes in connection
with the Project is not to be construedas publication in derogation of the Architect's reservedrights.
rfr~
IAct
~D
~
ft'
_0 1Ga7
ow_-
D
0 g-~.g
&' v..
auuycJ
&
1.3.2.3 Ex~t for the licenses arBDtedin Su~gral!h
1.3.2.2.no other license or nullt shall be deemed granted or
illmlied under this Ai1:eement. The Owner shall not assiino
deleaate.sublicense.121edae
or otherwise transfer any license
granted hereinto another~
without the l!rior written a~
ment of the Architect. However. the Owner shall be ~tted
uirementsor tm siInliar purposesin coonectimiwith the
roject is not to be construedas publication in derogation of
the 2Atrcmteet's
reservedrights of the Architect and the Archttect's consultants.
Tne m"mt t'" B
mgs; SpeemeatiJMc.cd1~~ dcctlments~
shall not be UDed'u] &." 8
v. c&.~." v..
ctt!CIp,vJ~~' use the Instrumentsof Servicefor ~
additions or alterationsto this Projector for ecmplcticft cf this
P .vj t b] v&.".", other proiects.lmless the 2Atr~~teet
is adjndsed tv beiI. de::..ttlt~de. ttri~ :~
~ t, ~~eeptb:y~
obtainsthe 12rior\'tTitten agreementiI. ...itins aud..ith ayy.cp.i..t" VVAllpe.rsaticl!
tc ~:.c~
Architect and the Architect's
consultants. AnX unauthorizeduse of the Instruments of
Service shall be at the Owner's sole risk and without liabili!'y
to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect movidiruz to the Owner any
Instrumentsof Service in electronic form or the Owner movidinS to the Architect anv electronic datafor ing.QI12Qration
into
the Instrumentsof Service.the Owner and the Architect shall
m: s~ate written ai[eement set forth the svecific conditions
governing the format of such Instrumentsof S~ce or electronic data. inclugms anv sveciallimitations or licenses not
otherwise~ovided in this Agreement.
1.3.3
CHANGE IN SERVICES
[1.3.3.1]
[1997 provision appears above,
opposite 1987edition Paragraph 3.1)
[new provisions in 1997 edition]
1.3.4
MEDIATION
1.3.4.2 The Owner and Architect shall endeavorto resolve
claims. diSDutesand other matters in auestion between them
bv mediation which. unlessthe oorties mutualIXa~ otherwis~. s!l§ll be in a~rdance with the ConstructionIndus~
Mediation Rules of the American Arbitration Association
currentlx in effect. Re~st for mediation shall be filed in
writiruz with the other Dartvto this Aareementand with the
American Arbitration Association. The reQYestmax be made
concurrentlYwith the filinll of a demandfor arbitration but- in
such event mediation shall oroceedin advanceof arbitration
or lellal or eauitable oroceedinas.which shall be staved~dinll mediation for a oeriod of 60 daxsfrom the dateof filiniunless stavedfor a lonller ~od bv a~t
of the uarties or
court order.
1.3.4.3
[new provision in 1997edition)
filing fees e~ilv..
jurisdiction thereof.
ARTICLE
7
1.3.5
ARBITRATION
ARBITRATION
1.3.5.1
Anv claim. disI2ute or other matter in ~tion
arising out of or related to this Agreement shall be sub_iectto
arbitration.
Prior to arbitration.
the I2!!tlies shall endeavor to
resolve disputes bv mediation in accordance with Paragral1h
U...4.
7. 1 C~,
disputesor other matters in questionbetweenthe
parties to this Agreement arising out of or relating to this
Agreementor the breachthereof shall be subjectto and decided
by arbitration in accordancewith the Construction IndustIy
Arbitration Rules of the American Arbitration Association
currently in effectunlessthe parties mutually agreeotherwise.
[first sentence of 1987 Paragraph 7.2 becomes
last sentence of 1997 Subparagraph 1.3.5.2]
[balance of 1987 Paragraph 7.2 unchanged]
31 8141-1987/97
1.3.5.2 Claims, disputesor other matters in question between the parties to this ~glee!I.~.!t arising Outof v. .elating tv
riD" Agree.nent vi 1ti.~breachtbereofthat are not resolved~
mediation shall be St2'uj~~to and decidedby arbitration ~
unless the l1artiesmutualh: agreeotherwise. shall be in accordance with the Construction IndustIy Arbitration Rules of the
American Arbitration Association currently in effect.. tmless
ri... p...ti.." ...utnaH, se,'eeo~..r~is...
Demand for arbitration shall be filed in wri1illi with the
other I2~ to this AgJOeernentand with the American Arbitration Association.
1.3.5.3 Be, d ."", mbitlgti"u "hall ~ filed in "..itiftS~~itJ!
d", "d"" Y"'~] to dri,,: .e-.eeJ.".,t~td~.itb 1t.~" .lLeri~:.
Atbitlati"i! Aossoeiati"... A ~d
for arbitration shall be
made within a reasonableamountof time after the claim.
disputeor other matter in questionhas arisen. In no event
shall the demandfor arbitration be made after the datewhen
institution of legal or equitable proceedingsbasedon such
claim. dispute or other matter in questionwould be barred by
the applicable statuteof limitations.
AlA DOCUMENT81.1 .1917.1997 OWNER-AP..CHrrEcrA~
COMPARISON. AIA*. CI917, 1997
mE AMERICAN INSTmJrE OF AP..CHrrEcrs, 173-' NEW YORK AVENUE.N.W. WASmNGfON, D.C. 2~-'Z92
7.3 No aIbi1rationarising out of or relating to this Agreement
shall include, by consolidation,joinder or in any other manner,
an additional person or entity not a party to this Agreement,
exceptby Mitten consentcontaining a specific referenceto this
AgJa-mentsignedby the~,
Architect, and any other person
or entity soughtto bejoined. Consentto arbitration involving an
additional person or entity shall not constitute consent to
arbitration of any claim, disputeor other matter in question not
described in the written consentor with a person or entity not
nanm cx descritm ~
Thef<Xegoingagreementto arbitrate
and other agreementsto arbitrate with an additional person or
entityduly C<X1sented
toby the parties to this Agreement shall be
specificallymf<Xcmblein accordancewith applicable law in any
court havingjurisdiction thereof.
[unchangedfrom 1987Paragraph7.4]
1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation., .QIjoinder or in any
other manner,an additional person or entity not a party to this
Agreement, except by written consentcontaining a specific
referenceto this Agreement~ signed by the Owner, Architect, and any other person or entity soughtto be joined. Consentto arbitration involving an additional personor entity
shall not constitute consentto arbitration of any claim, dispute
or other matter in question not describedin the written consent
or with a personor entity not named or describedtherein. The
foregoing agreementto arbitrate and other agreementsto
arbitrate with an additional person or entity duly consentedto
by the parties to this Agreement shall be specifically enforceable in accordancewith applicable law in any court having
jurisdiction thereof.
1.3.5.5 The award renderedby thearbi1I'at()j'orarbitrafOl'Sshall be final, and judgment may be enteredupon it in accordance with applicable law in any court having jurisdiction
thereof.
1.3.6
1.3.6.1 The Architect and the Owner and Architect waive
conse<!Uential
damagesfor claims. disputes or other matters in
gyestion arising out of or rela!ina to the A~ent.
Thi§
mutual waiver is al11!licable.without limitation. to all consequential darnaaesdue to either ~~s temlination in accordance with ParaSla~h1.3.8.
1.3.7
ARTICLE 8
CLAIMS FOR CONSEQUENTIAL DAMAGES
[1.3.7.1 -1.3.7.9]
1.3.8
TERMINA nON OR SUSPENSION
TERMINATION, SUSPENSIONOR ABANDONMENT
[from 1987Paragraph8.4below]
1.3.8.1 Fanme ofJithe Owner mil.§.to make paymentsto the
Architect in accordancewith this Agreement-suchfailure
shall be consideredsubstantialnonperformanceand causefor
termination. or- at the Architect's ~tiOll- causefor sus~ion
of ~ormance of servicesunder this A2reement.
~ DOC\MBfT 8141 .1987 -1997 OWNER-AllCHrrECTA~
COMPARJSON.AlAC> .01987, 1997
mE AMElUCAN msnrum
OF AllCHrrECTS, 1m NEW YORK AVENUE,N.W~ WASHlNGroN, D.C. 20006-3292
8141-1987/97
32
[from 1987 Paragraph 8.5 below]
8.1
This Agretment may te tamina~ by ei~ f8ItY upon not
less than seven days' written notice should the other party fail
substantially to perform in accordance with the terms of this
Agreement through no fault of ~ f8ItY initiating the termination.
If the ':;-;'L~i ~~m to ~e pal"meLt~~~n':
th" ~"hi1e(,~
~vr sei-yi~ altOeh~"ses, the Architect mal., u~u ~
to sus~d services.mor to sus~ion of services.the Architect shall ~ve sevendays'written notice to the Owner~ ;
"t2St""uO
~~",manee ~~se.-.ices1m0e1this Agr~..t:
~
Ie!" pa,ment in ~.lHis recei~.~ 'vl the .'ucbitcet ..ithift "",."u
OslSoftbe Ostev~1t.~nvhcc, the smpensionshaH~~ e':;.~t
"i1t.v~~ ."...
~~er uvhce. In the eventof a suspensionof services, the Architect shall haveno liability to the Owner for
delayor damagecausedthe Owner becauseof such suspension of services. Before resYmiDi services.the Architect shall
be I2Bidall sums due wor to s~ion
and any e~es
incurred in the inteffill!tion and resuml!tion of the Architect's
services. The Architect's fees for the remainini servicesand
the time schedulesshall be eQ!Ytablvadjusted.
[unchanged; becomes 1997
8.2
If ~ Proj~ is suspended by the Owner for more than 30
~ve
days, ~ Architm shall te compensated for services
performed prior to notice of such suspension. When the Project
is resumed, the Architect's compensation shall be equitably
adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services.
1.3.8.2 If the Project is suspendedby the Owner for more
than 30 consecutivedays,the Architect shall be compensated
for servicesperformedprior to notice of suchsuspension.
When the Project is reswned,the 2Atr~~teet'
S ;:('iTipc:.nS2&bvL
~baH~ "'ittltabt] ..':~t2Sted
to pro-.-:.de
Architect shall be com~ated for expensesincurred in the interruption and resumption of the Architect's services. The Architect's fees for the
remaining servicesand the time schedulesshall be eauitablv
adjusted.
8.3 This Agreerrx:ntmay 00 terminatOO
by the Owner upon not
less than sevendays' written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is
abandooedby the O\Jf1ler
for more than 90 consecutivedays,the
Architootmay taminate this Agnuneot by giving written notice.
1.3.8.3 7';'~ ~""u.,,~t ~-] ~ te.miDatedb] the ~;...~I
upv'. .."t t,,~~tI~ ~".~~ da,~';..i-:~11 Ilobee~':'1t.~..~e~.:.~~~
1ftthe "."lIt that g.v P ."~",,t i~Y'".~~..tt,
..bmJ"l.~. If the
Projectis
':olred b, 1t.eG-;.~er sus~ded or the Architect's servicesare SUSDended
for more than 90 consecutive
days,the Architect may tenninate this Agreementby giving
not less than sevendayS'written notice.
(becomes first part of 1997
8.4 Failure of the 0wI1a" to make payments to the Architect in
a~
with this Agreement shall be considered substantial
nonperfonnance and cause for termination.
8.5
If the ~
fails to make ~
wlE1 due the Architect
for services and expenses, the Architect may, upon seven days'
written notice to the Owner, suspend perfonnance of services
wm dris Agn'Jement Unless payment in full is received by the
AIclIi~
within ~
days of the date of the notice, the suspension shall take effect without further notice. In the event of a
suspension of services, the Architect shall have no liability to the
Owner for delay or damage caused the Owner because of such
suspension of services.
[unchanged; from 1987 Paragraph 8.1 above]
Subparagraph1.3.8.1above]
[becomes second part of 1997
Subparagraph 1.3.8.1 above]
1.3.8.4 This Agreement may be terminatedby either party
upon Dotless than sevendays' written notice should the other
party fail substantially to perfOl'Ulin accordancewith the temlS
of this Agreementthrough no fault of the party initiating the
tennination.
33 8141-1987/97
1.3.8.5 This ~t
mav betennina~ bv ~ ~er
~
not ~
se~ davs' ~~
notice to the Architect
fOr the Owner's convenienceand without cause.
8.6 In ~ evalt of terminatioonot ~ fault of the Architect, the
Architect shall be compensatedfor servicesperforDledprior to
tmnination,~
with Reimbursable
Expenses
thendueand
all Termination Expensesas defined in Paragraph8.7.
8.7 TelminationExpensesare in addition to compensationfor
Basic and Additional Services,and include expenseswhich are
diIectJyattn"butableto termination. Termination Expensesshall
becomputedasa percentageof the total compensationfor Basic
Sa:vicesand Additional Servicesearnedto the time of tennination, as follows:
.1
Twenty
~
1.3.8.6 In the eventof termination not the fault of the Architect,the Architect sball be compensatedfor ~ces performed
prior to temrination, togetherwith Reimbw-sableExpenses
then due and all Tennination Expensesas defined in Paragraph8. ~ Clause 1.3.8.7.
1.3.8.7 TeIn1inationExpensesare in addition to compensation for Basic and .'~Jditi~~1 ~. _i , the ~ces of the
Architect and include expenses-i,m,;,~t
MCdirectly attributable
to temrination for which the Architect is not otherwise coDl~ated. Dlus~ amountfor the Architect's anticimted ~fit
on the valueof the servicesnot oerfonned bv the Architect.
TC.;:.rim.tiOft
Ex{K.~v~ ~baHt,c ~UA1'~ted-g 1""'.""..ta~" vf
thc t~~1 co.'LtX-rrsatio..
~v. B_rv Se. ,i
aftd *dditivUAI
S~;:-,~ccs
~~x to thc time ~~t,;,.mmativ...g" ~vHv..".
oft1ie~ ~tionf(jf~icafid
---
Additiooal Serviceseanm to dateif tennination occurs
before or during the predesign, site analysis,or Schematic Design Phases;or
.2
.3
aL':: .A~jditi;,&1aiSe;:-;ices C81~edtc date ift".minativ..
OCCIttS
~::;,.e or dltting ~~ p.ed""iglt, "ite
IJ"i",
or ~tematie Besiglt :"""""'" VA
Ten percentof the total compensationfor Basic and
A~ti~
Ser\'ices~
to dateif tennination occurs
during the Design DevelopmentPhase;or
.2
Five percentof the total compensationfor Basic and
A~tional ~ces eamOO
to dateif tennination occurs
during any subsequentphase.
.3 ~:l~r:~u~~;.~:~L-:~r::::~~~':':~~;u
ARTICLE 9
i~u ~~ceu~cfthc tctaicompc.t:.ati,;,u
::". ~...,!" d
,..~ti;:,~
.CCC~~
:k;;:-.~ces;:m:L~ ~v date ifte.miftati"ll
d~~.uStl!c Besiglt Be-;civyu!cut :"""""'" v.
J
cccms ~w~.uSaL]-st!bSC'i~L~phase.
1.3.7
9.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
1.3.7.1 ~nlcss o3i~.y;isc pio,ided, l1ris Agreement shall be
governedby the law of the principal place of businessof the
Architect. \miess otherwiseorovided in ParagI:!!'h 1.4.2.
[unchanged from 1987 Paragraph 9.2J
1.3.7.2 Terms in this Agreementshall have the samemeaning as those in AIA DocumentA201, GeneralConditions of
the Contractfor Construction, CUIJentas of the dateof this
Agreement.
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
aooruai and ~ awlicable statutes oflimitatioDS shall commence
to nm not lau than ei1iX2'the date of Substantial Completion for
acts or failures to act occurring prior to Substantial Completion,
or ~ dateof i8Sua1X1e
of ~ final Cmificate for Payment for acts
or failures to act occwring after Substantial Completion.
1.3.7.3 Causesof action betweenthe parties to this Agreement pertaining to actsor failW'eSto act shall be deemedto
have accruedand the applicable statutesof limitations shall
commenceto IUDnot later than either the dateof Substantial
Completion for actsor failW'esto act occurring prior to Substantial Completion '";-or the date of issuanceof d1efinal
Certificate for Paymentfor acts or failW'esto act occun'ing
after SubstantialCompletion. In no event shall such statutesof
limitations commenceto IUDanv later than the datewhen the
Architect's servicesare substantiallvcoIn!>leted.
~~TB141
.19a7-19970WNER-AR.CHn'F.cr
A<Il.EEMENrCOMPAlUSON.
AlAe .Cl9a7,l997
nmAMERlCANlNSmumOFARC1IrI'ECI'S,lmNEWYORKAVENUE.N.W~
WASmNGroN,D.C.
20006-~292
8141-1987/97
34
9.4 The OMler and Architect waive all rights against each
other and against the contractors, consultants, agents and
employeesof ~ otl¥:rfcx damages,but only to the extentcovered
by propf:rtyinsuranceduring construction, exceptsuchrights as
the}rmay haveto~ proceedsof soohinsurnnceas setforth in the
edition of AIA Docwnent A20 I, General Conditions of the
Contmct for Construction, CUI1'eDt
as of the dateof this Agreement. The OW11erand Architect each shall require similar
waivers from their contractors,consultantsand agents.
9.5 The Owner and Architect, respectively,bind themselves,
their partners,successors,
assignsand legal representativesto the
other party to this Agreementand to the partners, successors,
assignsandlegalreJXe8entatives
of suchother party with respect
to all cova1antsof this Agreement. Neither Owner nor Architect
shall assign this Agreement without the written consentof the
other.
9.6 This Agreement represents the entire and integrated
agrooment
betweenthe Owner and Architect and supersedesall
prior negotiations,representationsor agreements,either written
or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
1.3.7.4 To the extentdamaaesare coveredm: ~
insuranceggrina construction..the Q\J,uerand ~ Architect waive
all rights againsteachotherand against the contractors,consultants,agentsand employeesof the other for damages,bI2t
onl, to the e~~r.t C(J-;e!ed
'v] prop;,~ msm.!r.~ ct...iDg"""s ~1ivu, exceptsuch rights as they may haveto the proceeds
of suchinsuranceas set forth in the edition of AIA Document
A201, GeneralConditions of the Contractfor Construction,
CUIrentas of the date of this Agreement The Q\J,uerand
Architect as a!'!'l"opnate.each shall require similm "aiy~.s
frv... ~~ir ~
contractors,consultants~and agents~
em~lo~eesof any of them similar waivers in favor of the other
~arties enumeratedherein.
1.3.7.9 below)
[becomes 1997 Paragraph 1.4.1 below]
[unchangedfrom 1987Paragraph9.7]
1.3.7.5 Nothing contained in this Agreement shall createa
contractualrelationship with, or a causeof action in favor of a
third party againsteither the Owner or Architect.
9.8 Unless ~
providOOin this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, lX'eseD<:e,
handling, removal or disposal of or exposw-e
of persons to hazardous materials in any fonn at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
1.3.7.6 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic
substances in any fOml at the Project site~ , mcl1JCi1:.e:
!,ttt ft~~
m.ri~~ tv a~l,e~tv~, I,e~tv~ y.~l!Cts, pol,cblo.ilmted
!'iY~"""JI (FeB~ v. v~w. toxic satsm:.~s.
9.9 The Architoot shall have d1eright to incltxie representations
of the design of the Proja:t, including photographs of the exterior
and interior, among d1eArchita:t's promotional and professional
materials. The Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advisal the Architect in Miting of the specific information
considered by the Owner to be confidential or proprietary. The
Owner shall provide professional credit for the Architect on the
construction sign and in d1epromotional materials for the Proja:t.
1.3.7.7 The Architect shall have the right to include 1lh.Q!Q:
i[auhic or artistic representations of the design of the Project-;
ift...lading y~vt~ay~.., vftbe cJ(;..;..io..lL~ a.1t.ii.:.r, among the
Architect's promotional and professional materials. The Architect shall be iiven reasonable access to the comDI~
Pro~iectto make such reoresentations. However. the Architect's
materials shall not include the Owner's confidential or proprietaIy information if the Owner has previously advised the
Architect in writing of the specific information considered by
the Owner to be confidential or proprietary. The Owner shall
provide professional credit for the Architect Vll d2" vv...,tll!CbVll sigrt and in the Owner's promotional materials for the
Project.
35 8141-1987/97
~~TB141
8 1917-19970WNF.1l-AR.CIm'ECIA~COMPARISON
8 AIAe8CI917,l997
mE AMERICAN rn8TmJrE OF AR.CIm'ECIS, 1735NEW YOIlK AVENUE, N. W~ WASIDNGfON. D.C. 2<KMJ6.5292
[from 1987Paragraph4.11 above]
1.3.7.8 If the Owner reaueststhe Architect to executecertifi~e
proposedlanguageof §ygIl certificates shall be
submitted to the Architect for review aDdCippiO-yst
at least 14
days prior to the re~sted dates of execution. ~ G-nn...
shaH...Jt rc'i.Jf-stcertifiesti~ The Architect shall not be
remliIed to executecertificates that would require knowledge,
or services.or res~ibilities
beyond the scopeof this Agreement.
1.3.7.9 TheOwner and Architect, respectively,bind themselves,their partners, successors,assignsand legal representatives to the otherparty to this Agreementand to the partners,
successors,assignsand legal representativesof suchother
party with respectto all covenantsof this Agreement. Neither
~ Owner nor~ Architect shall assign this ~ent
reguired to facilitate suchassi~ent.
TERMINATION OR SUSPENSION
[1.3.8.1 -1.3.8.7]
[1997 provisions appear above,
opposite 1987 Article 8]
1.3.9
ARTICLE 10
PAYMENTS TO THE ARCHITECT
PAYMENTS TO THE ARCHITECT
10.1
DIRECT PERSONNEL EXPENSE
10.1.1 Direct PersonnelExpense is defined as the direct
salariesof the Architect's personnelengagedon the Projectand
theportiooof the oostof theirmandatoryand customarycontributions and benefitsrelated thereto,suchas employmenttaxesand
otm statutorymlployoo~ts,
insurance,sick leave,holidays,
vacations,pensionsand similar contributions and benefits.
[first sentence
from
1987
[second
sentence
from
1987
10.2
1.3.9.1 Paymentson acco\mtof servicesrenderedthe r\1-.;;~.i..."",t's~dd!tivi1ai Sc..-ieesand for ReimbursableExpenses
incuned shall be made monthly upon presentationof the
Architect's statementof services~."..Je1edm cxpemesm-
cmred::
No deductionsshall be made from the Architect's compensationon acco\mtof penalty, liquidated damagesor other swns
withheld from paymentsto contractors,or on acco\mtof the
cost of changesin the Work other than those for which the
Architect has beenfmmd ad_i~ed to be liable.
REIMBURSABLE EXPENSES
10.2.1 Reim~ble ~
are in aIkiitioo to IXmpensation
foc Basicam A<klitiooalServicesand include expensesincurred
by ~ AIclli~ am AIcllita:t's cnployees and consultantsin the
interestof the Project,as identified in the following Clauses.
~~T8141
[becomes 1997 Subparagraph 1.3.9.4 below)
1.3.9.2 ReimbmsableExpensesare in addition to compensation for Basi" ': :~dditi,;,.u.fSe;:-.~ces
the Architect's services
and includeexpensesincurred by the Architect and Arohitect's
employeesand consultantsill the illterestof directlv relatedto
the Project,as identified in the following Clauses~
.1917-19970WNF.R.-AllCHrrEcrA~COMPARISON.
THEAMERICANINSTn"UrEOf
ARCHrmcrs.l73'
AlAe.
C1987,l997
NEW YORK AVENUE, N.W~WASmNGfON,D.C. ZCXMJ6-,m
8141-1987/9736
j
.1 Expense,,1"transportationin connection with the
Project;~"t"',:"",,~in c(!lmccti,,!i 'ftith authorizedout-
10.2.1.1 Expenseof transportationin connectionwith the
Project; expenses in connection with authorized out-of-town
travel; long-distanceCOImnunications;
and feespaid for securing
approvalof authorities havingjurisdiction overthe Project.
of-towntravelandsubsistence.
andelectronic;Iqcti~.atice
communications;.
.2 and feespaid for securing approval of authorities
having jurisdiction over the Project:.
10.2.1.2 Expenseof reproductions,
postageandhandlingof
Drawings,Specifications
andotherdocuments.
.3 E,,~ftSe of reproductions,12lots.standard foml documm. postage.and handling and deliverYof lmD:
moots of Service: B...w~,
Speeineatio..s;rJ:.~
v~er d~mD~u~.
10.2.1.3 If authorized in advanceby the Owner, expense of
overtime work requiring higher than regular rates.
.4 If ..utl..".~ in ud x. ~J d!e C-; ~r, expense of
overtimework requiring higher than regular rates if
authorizedin advancebv the Owner:
10.2.1.4 Expt2)8eof renderings, models and mock-ups requested
.5 Expense,,::renderings,models and mOOk;;~Ie;;-questedby the Owner:.
by theOwner.
.6 e~se of mofessionalliabilitv insw-ance~~ted
exclusiveb:to this Protector the ~e
of additional insurancecoverageor limits , ~"ibdiftg pro::~s~
"i" i tiubm~ msm~;x;, requestedby the Owner in
excessof that normally carried by the Architect and
!h£ Architect's consultants:.
10.2.1.5 Expense of additional insw-ance coverage or limits,
including {X"Ofessiooalliability insur8IK:e,requested by the Owner
in excessof that normally caIried by the Architect and Architect's
consultants.
10.2.1.6 Expenseof computer-aided
design and drafting
equipment
time whenusedin connection
with theProject.
[new provision
in 1997 edition]
10.3
PAYMENTS
SERVICES
ON ACCOUNT
reimbursable exuensesas
desimated in Para2rauh
.8
other similar direct Proiect-relatedeJrnenditures.
Ui
OF BASIC
10.3.1
An initial JXiymeDtas set forth in Paragraph 11.1 is the
minimwn payable under this Agreement.
10.3.2
Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to services
performed within each phase of service, on the basis set forth in
Subparagraph 11.2.2.
10.3.3
If and to the extent that the time initially established in
Subparagraph 11.5.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any services
rendered during the additional period of time shall be computed
in the manner set forth in Subparagraph 11.3.2.
10.3.4
When compensation is based on a percentage of
ConstnK:tion Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on
those portions, in accordance with the schedule set forth in
Subparagraph 11.2.2, based on (1) the lowest bona fide bid or
negotiatOOproposal, oc (2) if no such bid or proposal is received,
the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the
Project
.7
[becomespart of 1997Paragraph1.5.7below)
[becomes part of 1997 Paragraph 1.5.7 below]
10.4
PAYMENTS ON ACCOUNT OF ADDmONAL
SERVICES
10.4.1 Payments on accomlt of the Architect's Additional
Sa:vicesand focReimb\nosable
Expensesshall be made monthly
UJXXlpresentati
00 of ~ AIclritect'ssta~
of servicesrendered
[becomes first sentence of 1997
or expenses
incurred.
10.5
PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
COOJPen8atioo
00 aax>untof penalty,liquidated damagesor other
sumswithheld frcm ~~ts
to cootractors,or on aCCO\JIlt
of the
cost of changes in the Work other than those for which the
Architect has beenfO\JIldto be liable.
10.8
(becomes second sentence of 1997
ARCHITECT'S ACCOUNTING RECORDS
10.8.1 Records of ReimblD'sable Expenses and expenses
pataiDjng to Additional Servicesand servicesperformed on the
basisof a multiple of~
Pm<XmelExpenseshall be available
to ~ ~
oc~ ~s
auth<x1zai~tative
at mutually
convenienttimes.
[from 1987 Paragraph 10.1.1 above]
1.3.9.3 Recordsof ReimbursableExpenses2f and expenses
pertaining to AJditi"m.t Se..iees a C_es
in Services.and
gf servicesperformedon the basis of hourI):rates or a multiple
of Direct PersonnelExpense shall be available to the Owner or
the Owner'sauthorizedrepresentativeat mutually convenient
times.
1.3.9.4 Direct PersonnelExpenseis defined as the direct
salariesof the Architect's personnelengagedon the Project
and the portion of the costof their mandatory and customary
contributions and benefitsrelated thereto, such as employment
taxes and other statutory employeebenefits, insurance,sick
leave,holidays, vacations,pensions~lovee retirement Dlans
and similar contributions. aDd~Detit!.
ARTICLE 1.4
1.4.1
SCOPE OF SERVICES AND OTHER
SPECIAL TERMS AND CONDmONS
Enumeration of Parts of the AGreement. This
Agreement represents the entire and integrated agreement
between the Owner and Architect and supersedes all prior
negotiations,
representations
or agreements,
eitherwrittenor
oral. This Agreementmay be amendedonly by written instrument signedby both Owner and Architect. The Aarmnent
comprisesthe documentslisted below.
1.4.1.1 StandardForm of AareementBetween Owner and
Architect AlA Document B 141-1977.
1.4.1.2 StandardFonn of Architect's Services:Desi2Il and
Contract Administration Services-AlA DocumentB141-1997.
1.4.1.3 Otherdocuments
asfollows:
fli.ft other document!. if anv forminp nart of the Apreement.J
[replaces 1987Article 12 below]
1.4.2
S~ial
Terms and Conditions. S~ial terms
and conditions that modify this Agreementare as follows:
AlA DOCU8NT 8141 .1917.1991 OWNER.-AB.cImECT~
COMPARISON. AIAj8) .CI917. 1991
mE AMER.ICANnolSTnUrE OF AR.CHrrEcrs. 173' NEW YORK AVENUE,N.W. WASHINGfON. D.C. 2(MM)6.'292
8141-1987/97
38
ARTICLE 11
ARTICLE 1.5
BASIS OF COMPENSATION
COMPENSATION
TheOwnershall compensate
the Architectasfollows:
11.1
ANINmAL PAYMENTof
Dollars ($
) shall be made
upon executionof this Agreementand credited to the Owner's
accountat final payment
~,.-~.~.-D"~I~
1 I~
~p..~a IIVA
~vmr~A~"
[becomes part of 1997 Paragraph 1.5.7 below)
.r
I.~.I.""'..ft~8cI~ATlnU
"vmr~I~~""IVI~
11.2.1 FOR BASIC SERVICES,as descritX1d
in Article 2, and 1.5.1.1 r:~~ BASle SER'.TleES, For the Architect's services
any od1erservicesincludedin Article 12aspart of Basic Services, as described 1ft ~
Article 1..4.~, su'-: M.]- v1ter se..-ices
Basic Compensationshall be computedas follows:
it-.elttded in E~~..ieleiz as pil1~ofBQ~r" Se. vr"",,~,BQ~r" QOD1peI1(Insert basis of compensation, including stipulated sums, multiples or
gabonshall be computedas follows:
percentages, and identify phases to which particular methods ofcompensation apply, ifnecessary.)
11.2.2 Where compensationis basedon a stipulated swn or
percentageof Construction Cost, progress paymentsfor Basic
Servicesin eachphaseshall total d1efollowing percentagesof the
total Basic Compensationpayable:
(Insertadditionalphasesas appropriate.)
SchematicDesign Phase
Design DevelopmentPhase:
Construction DocumentsPhase:
Bidding or Negotiations Phase:
ConstructionPhase:
Total Basic Compensation:
11.3
COMPENSAnON
SERVICES
percent(
percent(
percent(
percent(
percent(
%)
%)
%)
%)
%)
one hundred percent(100%)
FOR ADDITIONAL
11.3.1 FOR PROJECT REPRESENTAll0N BEYOND
BASIC SERVICES,as describedin Paragraph3.2, compensation
shall be computedas follows:
39
8141-1987/97
-.A DOCUMENT 8141 .1917 -1997 OWNEP...AB.CHrrEcrA<aEEMENr COMPARJSON.~.
01917, 1997
nm AMEtUCAN INSTn"UrE OF ARCHrI'F.CTS,173~NEW YORK AVENUE, N.W~ WASHINGfON, D.C. ~~292
11.3.2 FOR ADDmONAL SERVICES OF mE ARCIn1.5.2
FeR ,A
:;;:;fR8t~:,.:.. :::='. -:eES 8F Hffi ; ~eHTECT, as describedin Articles 3 and 12, other than (1) Addi- ~e~~ .;.s.des~ibedin :..tivlv~ 3 d I~, ~tbv. dtm tt, :"JditimJalProjootRqresentation,as describedin Paragraph3.2, and tic~-~;:;J~t R':'.l"'.v~..tat!~...~~de~v.ibedin P"'G~~;;" 3.~,
(2) ~ces
included in Article 12as part of Basic Services,but ~.d t~?sc;-.-:eesiLultldedin :.. t!ulu ~~ ~~y~ t ~: ~-a..;ieSe.excluding services of consultants. compensation shall be -':~~'- bt!t u~vll2difte~u. .i_~ ~f ~~ttltaftis, ~"'Y"""'Gti~..
computedas follows:
shaHbe ;x,1Ly~tedu~:~H~..". If the servicesof the Architect
(Insertbasisofcompensation,
includingratesand/ormultiplesof Direct are charuzedas describedin SuooarallTanhI 3.3. I.-the ArchiPersonnelExpenreforPrincipalsandempioyees,
andidentifyPrincipaisand tec!'scomnensationshall be adjusted Such adjustment shall
classify
employees,
if required.Identify
specificservices
towhichparticular be cal.c~at_~as g~scri~ below or_if no metllod ofa~
methodsofcompensation
apply,if necessary.)
men! is indicated in this ParallTanh1.5.2. in an mtable
manner.
(In.fert ba.fi.f of compen.fation, including rate.f and m multiple.f ofDirect
Per.fonnel Expen.fe for Principals and employee.f, and identi.6' Principals
and clo.f.fW employee.f,if required. Identi.6' .fpecific .fervices to which.
particulor methodsofcompensationapply., if "eee"d',..)
11.3.3 FORADDmONALSERVICES
OFCONSULTANTS, 1.5.3
including additional structmal, mechanical and electrical
engineering services and those provided under Subparagraph
3.4.19 or identified in Article 12as part of Additional Services,
a multiple of
(
) times the amounts
billed to the Architect for suchservices.
(Identi/j1specifictypes ofconsultantsin Article 12. if required.)
feR: ,A
:;;BfR::;; ~,A
~ SER',":eES ::;;: e::;; iS~~"::"A
";ffS, ~~ltldinS s':Jibvml ~1It2vt~ul,AAAh8IUcaI d
elec1l.icale,!Sinec,it~ ~~A.i~ ~d tbv~~YAv.ided tm':", S"'v~uPt"Y:' 3.4.19 v, id~'Atitiedin :~b~l~ I~ u~y...t vf Admb"i...1 Se!-.iee~,For C~es
in Servicesof the Architect's
consultants.comnensationshall be COInDuted
as a multiple of
(
) times the amountsbilled to
the Architect for suchservices.
,:"-,';'I::J~.;yeeifte:Jr-- -J~
11.4
il_..I- i.. .f.I:_le ..:. .~~.
~'1-:. ;
REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES,as describedin
Paragraph 10.2,and any other items included in Article 12 as
ReimbursableExpl'J)Ses,
a multiple of
()
times
the expenses
incurredby the Architect, the Architect's employees
and consultantsin the interestof theProject.
1.5.4
f~~ ~~.tB~':'..S: ~~
E~HJB~SES,For reimburs-
able e~es
as described in Par..grSyh le.% SuPJ2/!mgra!>h
u,u,
and ~J- ~1i:.eritems it~ltIded it. ~ti"l"
I~ as Reimbursable Expenses, the COInDensationshall be COffil2Utedas a
multiple of
()
times the expenses incUITed
by the Architect, ,mg the Architect's employees and consul-
tants. in 1i:.~ittte.estv."dt,,::'.vj""t.
11.5
ADDmONAL
1.5.5
Other ReimbursableExuenses-if anv-are as follows:
1.5.6
The Architect's ratesand multiples set forth :::vrAdditionai Se.-.iee..in this ~ent
shall be cnlLmLii:;.
adjustedin
accordancewith normal salaryreview practicesof the Architect and the Architect's consultants.
PROVISIONS
11.5.1 IF mE BASIC SERVICEScoVeIaiby this Agreement
have Dot beencompletedwithin
(
) months of the date hereof, through DOfault of the
Architect, extensionof the Architect's servicesbeyond that time
shall be compensatedas provided in Subparagraphs10.3.3and
11.3.2.
NA DOCUMENT 81.1 .1987 -1997 OWNER.-ARCHrrEcr ~
COMPARISON. AlACIJ.CI987, 1997
mE AMERICAN INSmurE OF ARCHrrEcrs, 173' NEWYORK AVENUE.N. W~ WASIDNGfON,D.C. 20006-'292
8141-1987/97
40
1.5.7
[from 1987Paragraph11.1 above)
[from 1987Subparagraph 10.3.1 above]
[from 1987 Subparagraph 10.3.2above]
[unchanged from 1987 Subparagraph 11.5.2]
M.~~.i\L:-A~.~H
An initial ~YJDentof
Dollars
($
) shall be made upon executionof this Agreement
and is the minimwn pavmentunder this Ag;reement 1!B!!
~ creditedto the Owner'saccountat final payment
A!. imtial}'Q}..."..t a" set fvl-drm ParaglayL i i. i is the
miDimt2ml"'}Qti" .tt.Jt,r this : tgI;:('lL~r.~
Subsequent payments for Basic §er\/ices shall be made
monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set
forth in SubpMftSf4L i i .~.~. this A~ent.
1.5.8
Paymentsare due and payable
(
) daysfrom the dateof the Architect's invoice. Amounts
unpaid
(
) days after the invoice
date shall bear interest at the mte enteredbelow, or in the
absencethercOfat t.~elegal rate prevailing from ti.'1leto ti.tne at
the principal place of businessof the Architect
(Insertrat~ ofinterestagreedupon.)
(Usury lawsand requirementsunderthe Federal Truthin Lending Act,
similar stateand local consumercredit lawsand other regulationsat the
Owner'sandArchitect'sprincipal places ofbusiness,the location ofthe
Project and elsewheremayaffectthe validity of thisprovision. Specific
legal adviceshouldbe obtainedwith respectto deletionsor modifications,
and also regarding requirementssuchas written disclosuresor waivers.)
11.5.3 The ratesandmultiples setforth foc Additional Services
shall be annually adjusted in accordancewith normal salary
[becomes 1997 Paragraph 1.5.6 above]
reviewpracticesof the Architect
[from 1987Subparagraph11.5.1above]
ARTICLE 12
OTHER CONDITIONS
1.5.9
~ =RffiB~Sle SER'.~eES If the servicescoveredby
this Agreementhave not beencompleted within
(
) months of the date hereof, through no fault of the
Arclritect, extensionof the Architect's servicesbeyond that time
shall be compensatedas provided in S"'v.,...Q~QY;'"18.3.3 aDd
t+:HParaiIa~h 1.5.2.
[replaced by 1997 Paragraph 1.4.2 above]
OR SERVICES
(Insert descriptions of other services, identify Additional Services
included within Basic Compensa6on and modncaoons to the payment
and compensa6on terms included in this Agreement.)
This Agreemententeredinto as of the day and year first written above.
OWNER (Signature)
ARCmTECT (Si~ture)
(Signature)
(Signature)
(Printednameand title)
(printednameand title)
41 8141-1987/97
AlA DOCUMENT 8141 .1917 -1997 OWNEB.-AP.CHIrEcr AcaEEMENI' COMPAJ.JSON.AIM.
01917, 1997
THE AMERICAN n'lSrnurE OF AllCHrrECfs, 173SNEW YORK AVENUE, N. W~ WASHlNGfON, D.C. 20006-S292

Document 6437261

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