HomeMy WebLinkAboutArchitect Agr-Potter Lawson (1997)
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Document 8141'M -1997 Part 1
Sta,l1dard Form of Agreement Between Owner and Architect
withStandard Form of Architect's Services
1.1
1.2
AND OTHER SPECIAL TERMS AND CONDITIONS
day of Am:il in the year Two Thousand and
as the Owner:
For the
Schematic Desi n Services onl to im rove the airflow to
I 3. PreDare recommendations (Schematic Design Services only) for a Dew security system
to DfOvide new card access system and security carneras for the City DOmOn of the
building.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AlA DocumentB141"'-1997 Part 1. Copyright @1917. 1926. 1948. 1951. 1953. 1958. 1961. 1963. 1966. 1967, 1970, 1974,1977,1987 and 1997 byThe
Amencan Institute at Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Documenl, or any portion 01 it, may resull in severe civil and criminal penallies, and will be
prosecuted to the maximum extenl possible under the law. This document was produced by AlA software at 13:40:48 on 04/3012004 under Order
No.1 000093404_' which expires on 1/20/2005, and is not forresale.
User Notes:
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ARTICLE 1.1 INITIAL INFORMATION
§ 1,1,,1 This Agreement is based on the following information and assumptions.
(Ndte}hé,dispositionfor the following items by inserting the requested information or a statement such as "not
applicable," "unknown at time of execution" or "to be determined later by mutuai agreement. ")
§ 1,t,2 PROJECT PARAMETERS
§ 1.1,2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
are:
size, location, dimensions, or other pertinent information, such as geotechnical
the manner in which the program will be developed.)
eement
'on, including, if appropriate, land surveys and legal descriptions and restrictions
are as follows.
Owner's overall budget for the Project, including the Architect's compensation, is:
of execution of this A reement
et for the Cost of the Work, excluding the Architect's compensation, is:
of this A eement
dates, durations or fast track scheduling.)
or delivery method for the Project is:
bid, negotiated contract, or construction management.)
are:
or needs of the Project such as energy, environmental or historic preservation
Representative is:
I Richard Wollangk
AlA Document 8141'"-1997 Part " Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 byThe
American Institute of Architects. All rights reserved. WARNtNG: This AlA" Document is protected by U.S. Copyri9ht law and Internationat Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13A0048 on 04/30/2004 under Order
No.1 000093404_1 which expires on 1/20/2005, and is not forresale.
User Notes: (3319320249)
3
he persons or entities, in addition to the Owner's Designated Representative, who are required to review
ct's submittals to the Owner are:
address and other information.)
The Owner's other consnltants and contractors are:
and, identify them by name and address.)
is:
En 'neerin Services
ormation is:
nsist of those described in this A eement and include normal structural
services and other services as identified in Para a h 2.8.3. Providin
than normal architectural structural mechanical and electrical en 'neerin ortions
ara ra h 2.8.3 can be rovided as a Chan e in Service ursuant to Para a h 1.3.3.
include contract administration services, the General Conditions of
of AlA Document A20l current as of the date of this I.greemell!,
. Article 1.1 may be reasonably relied upon by the Owner and Architect in
. Both parties, however, recognize that such information may change and,
ct shall negotiate appropriate adjustments in schedule, compensation and
Section 1.3.3.
THE PARTIES
shall cooperate with one another to fulfill their respective obligations under this
endeavor to maintain good working relationships arnong all members of the Project
§1.2.2
§ 1.2.2.1 Unless provided under this Agreement, the Owner shall provide full information in a timely
. g requirements for and limitations on the Project. The Owner shall furnish to the Architect, within
Þipt of a written request, information necessary and relevant for the Architect to evaluate, give
e lien rights.
shall periodically update the budget for the Project, including that portion allocated for the Cost
shall not significantly increase or decrease the overall budget, the portion of the budget
allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget,
without the agreement of the Architect to a corresponding change in the Project scope and quality.
AlA Document 8141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion ot it, may result in severe civil and criminal penalfies, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1 000093404_' which expires on 1/20/2005, and is not tor resale.
User Notes:
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1.2,2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
the Project. The Owner or the Owner's Designated Representative shall render
a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable
orderly and sequential progress of the Architect's services.
Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize
to furnish them as a Change in Services when such services are requested by the Architect and are
by the scope of the Project.
rovided in this Agreement, the Owner shall furnish tests, inspections and reports required
ments, such as structural, mechanical, and chemical tests, tests for air and water
dous materials.
'sh all legal, insurance and accounting services, including auditing services, that may
time for the Project to meet the Owner's needs and interests.
e prompt wtitten notice to the Architect if the Owner becomes aware of any fault or
y errors, omissions or inconsistencies in the Architect's Instruments of Service.
the Architect with a co
the Owner and an
the Architect, Architect's employees and Architect's consultants shall be as
shall be performed in accordance with the degree of Drofessional skill and care
expeditiously as is consistent with professional skill and care and the orderly
chitect shall submit for the Owner's approval a schedule for the performance of the
ially shall be consistent with the time periods established in Section 1.1.2.6 and which
as the This schedule shall include allowances for periods of time
of the Owner's consultants, and for approval of submissions
limits established by this schedule approved by the Owner
the Architect or Owner.
identified in Section 1.1.3 shall be authorized to act on the
confidentiality of information specifically designated as confidential by the
ormation would violate the law, create the risk of significant harm to the public
ishing a claim or defense in an adjudicatory proceeding. The Architect shall
ts similar agreements to maintain the confidentiality of information specifically
wner.
Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
or contribution that would reasonably appear to compromise the Architect's professional
this Project.
shall review laws, codes, and regulations applicable to the Architect's seF¥iees-.services iD
of the submission of this rb' ect to overnmental authorities. The Architect shall respond in the
imposed by governmental authorities having jurisdiction over the Project.
shall be entitled to rely on the accuracy and completeness of services and information
The Architect shall provide prompt wtitten notice to the Owner if the Architect becomes
aware of any errors, omissions or inconsistencies in such services or information.
AlA Document 8141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 byThe
Amencan Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S, Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/3012004 under Order
No.1 000093404_1 which expires on 1/20/2005, and is not forresale.
User Notes: (3319320249)
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ARTICLE 1.3 TERMS AND CONDITIONS
OF THE WORK
Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
of all elements of the Project designed or specified by the Architect.
Cost of the Work shall include the cost at current market rates of labor and materials furnished by the
equipment designed, specified, selected or specially provided for by the Architect, including the costs of
or supervision of construction or installation provided by a separate construction manager or
allowance for their overhead and profit. In addition, a reasonable allowance for
for market conditions at the time of bidding and for changes in the Work.
§ 1.3.1.3
the costs
rk does not include the compensation of the Architect and the Architect's consultants,
f-way and financing or other costs that are the responsibility of the Owner.
CE
s and other documents, including those in electronic form, prepared by the Architect
are Instruments of Service for use solely with respect to this Project. The Architect
all be deemed the authors and owners of their respective Instruments of Service
statutory and other reserved rights, including copyrights.
greement, the Architect grants to the Owner a nonexclusive license to reproduce
. ce solely for purposes of constructing, using and maintaining the Project,
ply with all obligations, including prompt payment of all sums when due, under
all obtain similar nonexclusive licenses from the Architect's consultants consistent
ation of this Agreement prior to completion of the Project shall terminate this
the Owner shall refrain from making further reproductions of Instruments of Service
within seven days of termination all originals and reproductions in the Owner's
n the date the Architect is adjudged in default of this Agreement, the foregoing
ted and replaced by a second, nonexclusive license permitting the Owner to
tialed design professionals to reproduce and, where permitted by law, to make
rrectioIjs ora4<#tions to the Instruments of Service solely for purposes of completing, using and
g theProj~ct.
§ 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or
implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any
license granted herein to another party without the prior written agreement of the Architect. However, the Owner
shall be ermitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment
suppli oduce applicable portions of the Instruments of Service appropriate to and for use in their execution
of the cense granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet
official r y requirements or for similar purposes in connection with the Project is not to be construed as
publication in deroga ed rights of the Architect and the Architect's consultants. The Owner shall not
use the Instruments 0 ture additions or alterations to this Project or for other projects, unless the
Owner obtains the prior eement of the Architect and the Architect's consultants. Any unauthorized use of
the Instruments of Servi be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
§ 1.3.2.4 Prier to IRe Mehiteet JfS"idiag 10 tHe O.,Æ8f an)' Instrumeats ef Sef\~ee Because data stored in electronic
Í<JfHrmediaformat can deteriorate or be modified inadvertently or otherwise copies of documents that may be relied
UDOrfbytheQWrier ~are limited to Drinted coDies (also known as hard coDieS) that are signed or sealed bv
the' Architect. Files in electronic media format of text. data fer iaeef Joratie8 into the Iastruments
. ther types that are furnished bv Architect to Owner ami the Afcltiteet shaH 8) se Jffi'ate
. . . . are onlv for convenience of Owner. Anv
conclusion or information obtained or derived from such las_eats of Ser'~ee er electronic data, iaeludiag any
s Jeciai limilatioas or liecases Rot elRen, ise Jre . ided ia this f.greemeal.files will be at the user's sole risk.
AlA Document 8141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 byThe
American Institute of Architects. All rights reserved. WARNiNG: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of fhis AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1000093404_1 which expires on 1/20/2005, and is not forresale.
User Notes:
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~ 1.3.2.5 When transferring documents in electronic media format Architect makes no representations as to
accuracv. long term compatibilitv usabilitY. or readabilitv of documents resulting from the use of software
. acka es 0 eratin s stems or com uter hardware differin from those used b Architect in
of these documents.
I ~ 1.3.2.6 If there is a discrepancv between the electronic files and the hard copies the hard coDies govern.
§ 1.3.3 CHANGE IN SERVICES
§ 1.3,3,1 Change in of the Architect, including services required of the Architect's consultants, may be
accomplished after e of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
if required by circu beyond the Architect's control, or if the Architect's services are affected as described in
Section 1.3.3.2. In e of mutual agreement in writing, the Architect shall notify the Owner prior to
providing such servi e Owner deems that all or a part of such Change in Services is not required, the Owner
shall gi . ce to the Architect, and the Architect shall have no obligation to provide those
servi due to the fault of the Architect, Change in Services of the Architect shall entitle the
Arc compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described
in Se .5.5.
circumstances affect the Architect's services for the Project, the Architect shall be
ent in the Architect's schedule and compensation:
or approvals given by the Owner that necessitate revisions in Instruments
. on of codes, laws or regulations or official interpretations which necessitate
sly prepared Instruments of Service;
wner not rendered in a timely manner;
in the Project including, but not limited to, size, quality, complexity, the Owner's
t, or procurement method;
nee on the part of the Owner or the Owner's consultants or contractors;
attendance at a public heating, a dispute resolution proceeding or a legal
pt where the Architect is party thereto;
Article 1.1.
§ 1,3.5 DISPUTE RESOLUTION - MEDIATION AND ARBITRATION
§ 1.3.5.1 f.8Y daim, àiol'ate Claims disputes or other ma!!eF-matters in question between the parties to this
Agreement atising out of or re!ated-relating to this-the Agreement or breach thereof shall be subject to and decided
bv mediation or arbitration. PHe£-Such Mediation/Arbitration shall be conducted Dursuant to affiilfatioH, ChaDter
AlA Document 8141'"-1997 Part 1. Copyright @1917, 1926, 1948, 1951,1953,1958,1951,1953,1966,1967,1970, 1974,1977,1987 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treafies.
Unauthorized reproduction or distribution of fhis AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1000093404_1 which expires on 1/20/2005, and is notforresale.
User Notes:
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I 788 of the parties shall eade",'Ðf to reao!>:e disl"'tes by mediatiea ia aeGofdaaee with Section 1.3.1.Wisconsin
Statutes.
§1.3.5.2'€laims, dispales and other mailers ia qeestioa bel',','eea the parties that arc Bot resel"ed by mediatioa shall
be, d&eiddà by ar-bitratiea ....'hieh, FIIIless the parties IIIFIlFlally agree otherwiae, shall be ia aeGofdanee "'Ìth the
COaGlFFleliea lad"stry ¡\,.bitratiea RHles of the }\meRe8Ft ,'\,-bilratiea Aosesiatioa elffi'enHy ia effeet. The delllftRd for
afbilralioa shall be Hied ia :;riling with the ether pari) to this f,greemCFIt aad '..;ith the f.meRoan ¡\ffiitratien
f,soeeiatioa.
shall be filed in writin with the other arties. A demand for arbitration shall be
fter the claim, dispute or other matter in question has arisen. In no event shall the
after the date when institution of legal or equitable proceedings based on such claim,
n would be barred by the applicable statute of limitations.
r or arbitrators shall be final, and judgment may be entered upon it in
having jutisdiction thereof.
NS
verned by the law of the pRnoipalplaee State of business of the .'\,-shileet,
. . .Wisconsin.
shall have the sarne meaning as those in the edition of AlA Document A201,
for Construction, current as of the date of this Agreement.
between the parties to this Agreement pertaining to acts or failures to act shall be deemed
the applicable statutes of limitations shall commence to run not later than either the date of
for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
commence to run any later than the date when the Architect's services are substantially
§ 1,3.7.4 To the extent darnages are covered by property insurance during construction, the Owner and the Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
darnages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA
AlA Document B141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute at Architects. All rIghts reserved. WARNING: ThIs AlAs Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion at it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1 000093404_1 which expires on 1/20/2005, and is not for resale.
User Notes:
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Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
waivers in favor of the other parties enumerated herein.
contained in this Agreement shall create a contractual relationship with or a cause of action in
party against either the Owner or.Architect. The Owner shall include this Drovision in its contract
The Architect and Architect's consultants shall have no
very, presence, handling, removal or disposal of or exposure of persons to hazardous
in any form at the Project site.
ave the right to include photographic or artistic representations of the design of the
promotional and professional materials. The Architect shall be given reasonable
to make such representations. However, the Architect's materials shall not include
rietary information if the Owner has previously advised the Architect in writing of
ed by the Owner to be confidential or proprietary. The Owner shall provide
ect in the Owner's promotional materials for the Project.
e Architect to execute certificates, the proposed language of such certificates shall
eview at least 14 days prior to the requested dates of execution. The Architect
'ficates that would require knowledge, services or responsibilities beyond the
t, respectively, bind themselves, their partners, successors, assigns and legal
to this Agreement and to the partners, successors, assigns and legal representatives
0 all covenants óf this Agreement. Neither the Owner nor the Architect shall assign
ten consent of the other, except that the Owner may assign this Agreement to an
financing for the Project. In such event, the lender shall assume the Owner's rights and
ent. The Architect shall execute all consents reasonably required to facilitate such
nts to the Architect in accordance with this Agreement, such failure shall
non and cause for termination or, at the Architect's option, cause for
ceþf services under this Agreement. If the Architect elects to suspend services, prior to
give seven days' written notice to the Owner. In the event of a suspension
bility to the Owner for delay or damage caused the Owner because of such
g services, the Architect shall be paid all sums due prior to suspension and
and resumption of the Architect's services. The Architect's fees for the
shall be equitably adjusted.
by the Owner for more than 30 consecutive days, the Architect shall be
rmed prior to notice of such suspension. When the Project is resumed, the Architect
dfor expenses incurred in the interruption and resumption of the Architect's services. The
the remaining services and the time schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the
this Agreement by giving not less than seven days' written notice.
may be terminated by either party upon not less than seven days' written notice should the
to perform in accordance with the terms of this Agreement through no fault of the party
§ 1,3,8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the
Architect for the Owner's convenience and without cause.
AlA Document B141'" -1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
Amencan Institute 01 Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribuUon 01 this AlA" Document, or any portion at it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/3012004 under Order
No.1 000093404_' which expires on 1/20/2005, and is not for resale.
User Notes:
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, .
.
§ 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
Section 1.3.8.7.
Expenses are in addition to compensation for the services of the Agreement and include
attributable to termination for which the Architect is not otherwise compensated, plus an arnount
anticipated profit on the value of the services not performed by the Architect.
PAYMENTS TO THE ARCHITECT
Payments on nt of services rendered and for Reimbursable Expenses incurred shall be made monthly
0 hitect's statement of services. No deductions shall be made from the Architect's
ac penalty, liquidated damages or other sums withheld from payments to contractors, or on
n the Work other than those for which the Architect has been adjudged to be liable.
are in addition to compensation for the Architect's services and include expenses
chitect's employees and consultants directly related to the Project, as identified in
connection with the Project, authorized out-of-town travel and subsistence, and
nications;
. ng approval of authorities having jurisdiction over the Project;
standard form documents, postage, handling and delivery of Instrurnents of
work requiring higher than regular rates if authorized in advance by the Owner;
nd mock-ups requested by the Owner;
nalliability insurance dedicated exclusively to this Project or the expense of
coverage or limits requested by the Owner in excess of that normally carried by
Architect's consultants;
as designated in Section 1.5.5;
direct Project-related expenditures.
pertaining to a Change in Services, and of services
of Direct Personnel Expense shall be available to the Owner or
convenient times.
defined as the direct salaries of the Architect's personnel engaged on the
mandatory and customary contributions and benefits related thereto, such
ployee benefits, insurance, sick leave, holidays, vacations, employee
AND OTHER SPECIAL TERMS AND CONDITIONS
Agreement. This Agreement represents the entire and integrated agreement
teet and supersedes all prior negotiations, representations or agreements, either
amended only by written instrument signed by both Owner and Architect.
the documents listed below.
Owner and Architect, AlA Document B 141-1997.
dForm of Architect's Services: Design and Contract Administration, AlA Document BI41-1997, or
ri ents, if any, delineating Architect's scope of services.)
§ 1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
AlA Document 8141'" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute at Architects. All rights reserved. WARNfNG: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and wm be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13,40A8 on 04/30/2004 under Order
No.1 000093404_1 which expires on 1/20/2005, and is not for resale.
User Notes:
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Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
and interior desi n services if mandated b law would be in addition to the
. this A eement.
'tect are changed as described in Section 1.3.3.1, the Architect's compensation shall
II be calculated as described below or, if no method of adjustment is indicated in
manner.
ding rates and multiples of Direct Personnel Expense for Principals and
and classify employees, if required. Identify specific services to which particular
Senior Pro'ect Mana er
Senior Pro'ect Architect
Construction Administrator
Pro' ect En ineer
Professional Su ort Staff
1l0.001hr.
80.001hr.
90.001hr.
75.001hr.
50.001hr.
hitect's consultants, compensation shall be computed as a multiple of
0 the Architect for such services.
asciescribed in Section 1.3.9.2, and any other items included in Section 1.5.5 as
~Hsa.tiOn shall be computed as a multiple of One ( 1.00 ) times the expenses
Architect's employees and consultants.
if any, are as follows:
for services of the Architect and the Architect's consultants as set forth in this
accordance with their normal salary review practices.
1.5.7 An iuitial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this
. the minimum payment under this Agreement. It shall be credited to the Owner's account at final
ent payments for services shall be made monthly, and where applicable, shall be in propomon to
on the basis set forth in this Agreement.
AlA Document 8141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 byThe
Amencan Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and wili be
prosecuted to the maximum extent possible underthe iaw. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1 000093404_' which expires on 1/20/2005, and is notforresale.
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, .
are due and payable I!J.iJ1y ( ;ill ) days from the date of the Architect's invoice. Amounts unpaid
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the
from time to time at the principal place of business of the Architect.
of interest agreed upon.)
laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
wner's and Architect's principal places of business, the location of the Project and
ity of this provision. Specific legal advice should be obtained with respect to deletions
garding requirements such as written disclosures or waivers.)
Y this Agreement have not been completed within Twelve (11) months of the
the Architect, extension of the Architect's services beyond that time shall be
tion 1.5.2.
A~
(Signature)
Eric D. Lawson President
(Printed name and title)
AlA Document 8141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AtA" Document, or any portion of it, may result in severe civil and criminal penalties, and wí1l be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:40:48 on 04/30/2004 under Order
No.1000093404_1 which expires on 1/20/2005, and is not forresale.
User Notes:
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AIÄ
Docu ment 8141 TM - 1997 Part 2
Standard Form of Architect's Services:
Design and Contract Administration
2.4
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
TION SERVICES
NISTRATION SERVICES
Arêhitect's services and administer the Project. The
¡-,'research design criteria, attend Project
fthe and issue progress reports. The
Architect and the Architect's
and the Owner's consultants.
sufficiently identified, the Architect shall
schedule that shall identify milestone dates for
esign services furnished by the Architect, completion of
chitect, commencement of construction and Substantial
consider the value of alternative materials, building systems and
other considerations based on prograrn, budget and aesthetics in
the Project.
st of the Owner, the Architect shall make a presentation to explain the
ect to representatives of the Owner.
ct shall submit design documents to the Owner at intervals appropriate
ess for purposes of evaluation and approval by the Owner. The Architect
to rely on approvals received from the Owner in the further development
of the design.
§ 2.1,6 The Architect shall assist the Owner in connection with the Owner's responsibility
for filing documents required for the approval of governmental authorities having
jurisdiction over the Project.
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OF BUDGET AND COST OF THE WORK
the Project requirements have been sufficiently identified, the Architect shaH prepare a preliminary
Cost of the Work. This estimate may be based on current area, volume or similar conceptual
techniques. As the design process progresses through the end of the preparation of the Construction
the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect
the Owner ofany adjustments to previous estimates of the Cost of the Work indicated by changes in
market conditions. If at any time the Architect's estimate of the Cost of the Work
the Architect shaH make appropriate recommendations to the Owner to adjust the
and the Owner shaH cooperate with the Architect in making such adjustments.
budget for the Project, the preliminary estimate of the Cost of the Work and
of the Work prepared by the Architect represent the Architect's judgment as a design
onstruction industry. It is recognized, however, that neither the Architect nor the
of labor, materials or equipment, over the Contractor's methods of determining bid
. g, market or negotiating conditions. Accordingly, the Architect cannot and does
or negotiated prices will not vary from the Owner's budget for the Project or from
ork or evaluation prepared or agreed to by the Architect.
the Cost of the Work, the Architect shaH be permitted to include contingencies for
on; to determine what materials, equipment, component systems and types of
the Contract Documents; to make reasonable adjustments in the scope of the
act Documents alternate bids as may be necessary to adjust the estimated Cost of
dget for the Cost of the Work. If an increase in the Contract Sum occurring after
the Owner and the Contractor causes the budget for the Cost of the Work to be
reased accordingly.
has not commenced within 90 days after the Architect submits the Construction
udget for the Cost of the Work shaH be adjusted to reflect changes in the general
ction industry.
exceeded by the lowest bona fide bid or negotiated proposal, the
increase in the budget for the Cost of the Work;
of the Project within a reasonable time;
1.3.8.5; or
and quality as required to reduce the Cost of the Work.
under Section 2.1.7.5.4, the Architect, without additional compensation,
the Architect is responsible under this Agreement as necessary to comply with
. The modification of such documents shall be the limit of the Architect's
.7. The Architect shall be entitled to compensation in accordance with this
d whether or'not construction is commenced.
ARTICLE 2,2 SUPPORTING SERVICES
§ 2,2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner
or the Owner's consultants and contractors.
shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria,
and relationships, special equipment, systems and site requirements.
shall furnish surveys to describe physical characteristics, legal limitations and utility locations
and a written legal description of the site. The surveys and legal information shall include,
and lines of streets, aHeys, pavements and adjoining property and structures; adjacent drainage;
restrictions, easements, encroachments, zoning, deed restrictions, boundaties and
dimensions and necessary data with respect to existing buildings, other improvements
as
contours
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2
and trees; and information concerning available utility services and lines, both public and private, above and below
inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
e Owner shall furnish services of geotechnical engineers which may include but are not limited to test
pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
hazardous material storage. ground corrosion tests and resistivity tests, including necessary operations for
å.nticìþàting subsoil conditions, with reports and appropriate recommendations.
AND PLANNING SERVICES
evaluation of the information furnished by the Owner under this
schedule requirements and budget for the Cost of the Work, each in
such information to ascertain that it is consistent with the requirements
the Owner of any other information or consultant services that may be reasonably
a preliminary evaluation of the Owner's site for the Project based on the
er of site conditions, and the Owner's prograrn, schedule and budget for the Cost
the Owner's proposed method of contracting for construction services and shall
pacts that such method may have on the Owner's program, financial and time
Project.
. ces shall include normal structural, mechanical and electrical engineering
UMENTS
ovide Schematic Design Documents based on the mutually agreed-upon prograrn,
ost of the Work. The documents shall establish the conceptual design of the Project
onship of the Project components. The Schematic Design Documents shall include a
riate, liminary building plans, sections and elevations. At the Architect's
Docti ay include study models, perspective sketches, electronic modeling or
media. selections of major building systems and construction materials shall be
'ting.
NTS
Development Documents based on the approved Schematic Design
ost of the Work. The Design Development Documents shall illustrate and
of the Project, establishing the scope, relationships, forms, size and appearance
. ons and elevations, typical construction details, and equipment layouts. The
II include specifications that identify major materials and systems and establish
DOCUMENTS
Construction Documents based on the approved Design Development
the Cost of the Work. The Construction Documents shall set forth in detail the
requirements for construction of the Project. The Construction Documents shall include Drawings and
. detail the quality levels of materials and systems required for the Project.
development of the Construction Documents, the Architect shall assist the Owner in the
reparation of: (1) bidding and procurement information which describes the time, place and
ng; bidding or proposal forms; and the form of agreement between the Owner and the Contractor;
Conditions of the Contract for Construction (General, Supplementary and other Conditions). The
also shall compile the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
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(315353163)
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall
awarding and preparing contracts for construction.
Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
shall assist the Owner in bid validation or proposal evaluation and determination of the
bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or
of the bid or.proposal results.
G
shall consist of bidding requirements, proposed contract forms, General Conditions and
pecifications and Drawings.
r, the Architect shall arrange for procuring the reproduction of Bidding Documents
dders. The Owner shall pay directly for the cost of reproduction or shall reimburse
er, the Architect shall distribute the Bidding Documents to prospective bidders and
tion of the bidding process. The Architect shall maintain a log of distribution and
sits, if any, received from and returned to prospective bidders.
. der requests for substitutions, if permitted by the Bidding Documents, and shall
ntifying approved substitutions to all prospective bidders.
or, at the Owner's direction, shall organize and conduct a pre-bid
questions from prospective bidders and provide clarifications and
to all prospective bidders in the form of addenda.
or, at the Owner's direction, shall organize and conduct the opening of the
ument and distribute the bidding results, as directed by the Owner.
shall consist of proposal requirements, proposed contract forms, General Conditions
and Drawings.
shall arrange for procuring the reproduction of Proposal
contractors. The Owner shall pay directly for the cost of reproduction or
, the Architect shall organize and participate in selection interviews with
for substitutions, if permitted by the Proposal Documents, and shall
approved substitutions to all prospective contractors.
the Owner, the Architect shall assist the Owner during negotiations with prospective
shall subsequently prepare a summary report of the negotiation results, as directed by the
ADMINISTRATION SERVICES
The Architect shall provide administration of the Contract between the Owner and the Contractor as set
below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current
as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the
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User Notes: (315353163)
4
Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this
approved in writing by the Architect.
e Architect's responsibility to provide the Contract Administration Services under this Agreement
s with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the
for Payment. However, the Architect shall be entitled to a Change in Services in accordance with
when Contract Administration Services extend 60 days after the date of Substantial Completion of the
1 be a representative of and shall advise and consult with the Owner during the provision
. on Services. The Architect shall have authority to act on behalf of the Owner only to the
ent unless otherwise modified by written amendment.
and limitations of authority of the Architect under this Article 2.6 shall not be
without written agreement of the Owner and Architect with consent of the
ot be unreasonably withheld.
ew properly prepared, timely requests by the Contractor for additional information
properly prepared request for additional information about the Contract
epared or approved by the Architect and shall include a detailed written statement
or Specifications in need of clarification and the nature of the clarification
the Architect, the Architect shaIl on the Owner's behalf prepare, reproduce and
and Specifications in response to requests for information by the Contractor.
and decide mallerG make recommendations to the Owner concerning the
ntractor under, and requirements of, the Contract Documents on written request of
. The Architect's response to such requests shall be made in writing within any
. se with reasonable promptness.
endations of the Architect shall be consistent with the intent of and
uments and shall be in writing or in the form of drawings. When making
commendations the Architect shall endeavor to secure faithful
, shall not show partiality to either, and shall not be liable for the results
endations so rendered in good faith.
1 ~recommendations on claims, disputes or other matters in
actor as provided in the Contract Documents. However, the Architect's
to aesthetic effect shall be final if consistent with the intent expressed in the Contract
ndations on claims dis utes or other matters in uestion between the Owner and
to aesthetic effect as rovided in Sub ara a h 2.6.1.9 shall be sub' ect to
rovided in this A eement and in the Contract Documents.
§2,6.2 EVALUAIIONSOF THE WORK
§ 2,6.2.1 The Architect, as a representative of the Owner, shall visit the site at iater,alG appf8¡>flate te the stage ofilie
C8alfa,Eiter's oppratieas, or as etliefwise-agreed by the Owner and the Architect in Article 2.8, (1) to become
generally fafuiliar with and to keep the Owner informed about the progress and quality of the portion of the Work
completed, (2)tdendeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
generaLifth,,:Wdrk is being performed in a manner indicating that the Work, when fully completed, will be in
accordBl)ceWitlLthe Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control
over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or
for safety precautions and prograrns in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
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American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
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User Notes: (315353163)
5
The Architect shall report to the Owner known deviations from the Contract Documents and from the most
ction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
failure to perform the Work in accordance with the requirements of the Contract Documents. The
for the Architect's negligent acts or omissions, but shall not have control over or
shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
or of any other persons or entities performing portions of the Work.
at all times have access to the Work wherever it is in preparation or progress.
this Agreement or when direct communications have been specially
to communicate with the Contractor through the Architect about matters
Contract Documents. Communications by and with the Architect's consultants shall
e authority to advise the Owner to reject Work that does not conform to the Contract
'tect considers it necessary or advisable, the Architect will have authority to
. e additional inspection or testing of the Work in accordance with the provisions of
r or not such Work is fabricated, installed or completed. However, neither this
recommendation made in good faith either to exercise or not to exercise
ty or '" responsibility of the Architect to the Contractor, Subcontractors, material
ts or employees or other persons or entities performing portions of the Work.
NTS TO CONTRACTOR
wand cemfy the amounts due the Contractor and shall issue Certificates for
chitect's certification for payment shall constitute a representation to the Owner,
bservations at the Weffi-site as provided in Section ~2.6.2.1 and on the
pplication for Payment, that the VI' ark has ]3rogressed to the ]3oiHt iHàieateà aed
owledge, information and belief, the Work had Drogressed to the Doint
e Work is in general
Documents. The foregoing representations are subject (1) to an evaluation of the Work
ts upon Substantial Completion, (2) to results of subsequent tests and
ations from the Contract Documents prior to completion, and (4) to
chitect.
not be a representation that the Architect has (1) made
ns to check the quality or quantity of the Work, (2) reviewed construction
procedures, (3) reviewed copies of requisitions received from
other data requested by the Owner to substantiate the Contractor's right to
what purpose the Contractor has used money previously paid on account of
a record of the Contractor's Applications for Payment.
shall review and approve or take other appropriate action upon the Contractor's submittals
as S š,Product Data and Sarnples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect's action shall be
taken wi nable promptness as to cause no unreasonable delay in the Work or in the activities of the
or separate contractors, while allowing sufficient time in the Architect's professional judgment to
Review of such submittals is not conducted for the purpose of determining the accuracy and
such as dimensions and quantities, or for substantiating instructions for installation or
or systems, all of which remain the responsibility of the Contractor as required by the
Architect's review shall not constitute approval of safety precautions or, ""less "then,se
']3eeiFieally oWed B) the ,\<ehiteet, or of any construction means, methods, techniques, sequences or procedures.
The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a
component.
AlA Document 8141'" -1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
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Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
with the requirements of the Contract Documents.
design services or cemfications by a design professional related to systems, materials or
are specifically required of the Contractor by the Contract Documents, the Architect shall specify
performance and design criteria that such services must satisfy. Shop Drawings and other submittals
to the Work designed or certified by the design professional retained by the Contractor shall bear such
written when submitted to the Architect. The Architect shall be entitled to rely upon the
of the services, certifications or approvals performed by such design
RK
repare Change Orders and Construction Change Directives for the Owner's approval
. h the Contract Documents. The Architect may authorize minor changes in the Work
ontract Sum or an extension of the Contract Time which are consistent with the
. If necessary, the Architect shall prepare, reproduce and distribute Drawings and
to be added, deleted or modified, as provided in Section 2.8.2.
. w properly prepared, timely requests by the Owner or Contractor for changes in the
e Contract Sum or Contract Time. A properly prepared request for a change in the
dent suppomng data and information to permit the Architect to make a
ensive investigation or preparation of additional drawings or specifications. If
uested changes in the Work are not materially different from the requirements of
hitect may issue an order for a minor change in the Work or recommend to the
be denied.
that implementation of the requested changes would result in a material change
an adjustment in the Contract Time or Contract Sum, the Architect shall make a
who may authorize further investigation of such change. Upon such authorization,
rnished by the Contractor, if any, the Architect shall estimate the additional cost and
ch change, including any additional costs attributable to a Change in Services of the
iH;:tl;iþ Architect shall incorporate those estimates into a Change Order or other
WÖ,þr's execution or negotiation with the Contractor.
to changes in the Work.
determine the date eHlaIe&-of Substantial Completion
Contractor and forward to the Owner, for the Owner's
'es and related documents required by the Contract Documents and assembled by
1 Certificate for Payment based upon a final inspection indicating the Work
e Contract Documents.
~reviews shall be conducted with the Owner's Designated Representative to
e visable Work with the requirements of the Contract Documents and to verify the accuracy
list submitted by the Contractor of Work to be completed or corrected.
found to be substantially complete, the Architect shall inform the Owner about the
Sum remaining to be paid the Contractor, including any amounts needed to pay for final
of the Work.
shall receive from the Contractor and forward to the Owner: (I) consent of surety or sureties,
to or partial release of retainage or the making of final payment and (2) affidavits, receipts,
releases and waivers of liens or bonds indemnifying the Owner against liens.
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(315353163)
ARTICLE 2.7 FACILITY OPERATION SERVICES
e Architect shall meet with the Owner or the Owner's Designated Representative promptly after
Completion to review the need for facility operation services.
n request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
shall conduct a meeting with the Owner and the Owner's Designated Representative to review the
and performance and to make appropriate recommendations to the Owner.
SERVICES
Administration Services beyond the following limits shall be provided by the Architect
Section 1.3.3:
Shop Drawing, Product Data item, sample and similar submittal of
visits to the site by the Architect over the duration of the Project during
review for any portion of the Work bv the Architect's Construction
. e whether such pomon of the Work is substantially complete in accordance
Contract Documents.
eview for any portion of the Work to determine final completion.
. the HV AC desi ner over the duration of the Pro'ect durin
es a final review.
the site b the Electrical desi er over the duration of the Pro' ect durin
includes a final review.
ontract Administration Services shall be provided by the Architect as a Change
tion 1.3.3:
tor's submittal out of sequence from the submittal schedule agreed to by the
Contractor's requests for information where such information is available to the
a careful study and comparison of the Contract Documents, field conditions, other
information, Contractor-prepared coordination drawings, or prior Project
or d tation;
sande ction Change Directives requiring evaluation of proposals, including the
or revisiO nstruments of Service;
consultatiol1t:oncerning replacement of Work resulting from fire or other cause during
number of claims submitted by the Owner's consultants, the Contractor or
e Work;
s proposed by the Owner's consultants or contractors and making
to Instruments of Service resulting therefrom;
and documentation for alternate bid or proposal requests proposed by the
ation Services provided 60 days after the date of Substantial Completion of the
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Unauthorized reproduction or distribution of this AlA" Document, or any portion at it, may result in severe civil and criminal penalties, and will be
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User Notes: (315353163)
8
AIÄ
Document 8727'M - 1988
-------
Sta,l1dard Form of Agreement Between Owner and Architect
fOriSpecial Services
Twelfth day of Am:il in the year of Two Thousand and Four
location, address and scope.)
ace Needs Assessment Stud for the Cit Police
Anal sis Stud of the Winneba 0 Count
ead to roceed
which is the develo ment of a conce tual
the olice de artrnent within the existincr Public
needs of the olice de artrnent.
floor lans and site Ian that res onds to the needs of the olice
uential rocess that will address the hi hest riorities first and not
I -
Prer>aJ:e a preliminarv estimate of construction cost based UDon the conceptual Dlans
and øhasedidevelopment of the facilities.
The Owner and the Architect agree as set forth below.
This document has Important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AlA Document 8727T. -1988. Copyright @ 1972,1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AlA"
Document is protected by U.S. Copyright Law and Internationat Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 13:20:39 on 04/30/2004 under Order No.1000093404_1 which expires on 1/20/2005, and is not for resale.
User Notes: (2422810805)
ARTICLE 1 ARCHITECT'S SERVICES
services to be provided by the Architect under the Terms and Conditions of this Agreement. Note
service listed the method and means of compensation to be used, if applicable, as provided in Article 8.)
I Provide architectural and engineering services associated with the following tasks:
Starting with the Space Needs Studv meet with Police DeDartment staff to review the needs of the
ar ased u on current data and information rovided b the staff develo revised
art eeds.
Methad aRd meaRS at GampeRsatiaR
0 arn s aces and needs established in the S ace Needs Stud work with the Police
develo a rioritized list of needs that address both the 0 erational and the s ace
De artment.
s documented above we will re are a revised buildin S ace Needs Pro am
needs of the Police De artment for the Police De artments review and
S ace Needs Pro rarn and rioritized needs we will re are conce tual
These lans will ex lore lannin 0 tions for the hased construction of the Police
0 tions will be reviewed with the users and refined based u on those reviews.
0 DreDaring conceptual floor Dlans and conceptual site Dlans. we will also review and
e of the mechanical electrical and lumbin re uirements for ex ansion of the
7. A preliminary estimate of Drobable construction cost will be Drepared based upon the conceptual plan
develoDed.
R'S RESPONSIBILITIES
all provide full information regarding requirements for the Project. The Owner shall furnish
on as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be
the accuracy and completeness thereof. The Owner will provide a current comDlete Dlan of the
and when required the Owner will Drovide environmental testing and reDOrts.
§ 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents
AlA Document 8727'0 -1998. Copyright @ 1972, 1979 and 1988 byThe American Institute of Architects. All rights reserved. WARNfNG: This AlA"
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any
portion of it, may result in severe civil and criminal penalfies, and wiil be prosecuted to the maximum extent possible under the law. This document
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User Notes: (2422810805)
2
submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
services.
USE OF ARCHITECT'S DOCUMENTS
prepared by the Architect for this Project are instruments of the Architect's service for use
to this Project and, unless otherwise provided, the Architect shall be deemed the author of these
shall retain all common law, statutory and other reserved rights, including the copyright. The Owner
to retain copies, including reproducible copies, of the Architect's documents for the Owner's
use in connection with the Project. The Architect's documents shall not be used by the
for additions to this Project or for completion of this Project by others, unless the
under this Agreement, except by agreement in writing and with appropriate
on
ION - MEDIATION AND ARBITRATION
atters in question between the parties to this Agreement arising out of or relating to
f shall be subject to and decided by ar-eitra!iÐH iH aeeeràaaee vith the CÐHslruelieH
iation or arbitration. Such Mediation/Arbitration shall be conducted ursuant to
I
I &4.5 The awåfdrendered bv the arbitrator or arbitrators shall be final. and judgment mav be entered UDon it in
accordance with aDDlicable law in anv court having jurisdiction thereof.
ursuant to this ara ra h shall be heard b an arbitrator mutuall a reed
a anel of arbitrators shall Be liBal, comDrised of one arbitrator
jliElgmeHt may be eHtoreà an additional arbitrator agreed upon it-iH
. . . . . .bv the arbitrators selected bv the Darties.
OR SUSPENSION
terminated by either party upon not less than seven days' written notice should the
to perform in accordance with the terms of this Agreement through no fault of the party
§ 5.2 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in
full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without
AlA Document B727'"-1988. Copyright @ 1972, 1979 and 1988 by The Amencan Institute of Architects. All rights reserved. WARNING: This AlA"
Document is protected by U.S. Copyright law and Infernational Treaties. Unauthorized reproduction or distribution at this AlA" Document, or any
portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
was produced by AlA software at 13:20:39 on 04/30/2004 under Order No.1000093404_1 which expires on 1/20/2005, and is nottor resale.
User Notes: (2422810805)
3
further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay
caused the Owner because of such suspension of services.
event of termination not the fault of the Architect, the Architect shall be compensated for services
prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
Section 5.4.
shall be computed as a percentage of the compensation earned to the time of
on the basis of a multiple of Direct Personnel Expense, 20 percent of the total
nel Expense incurred to the time of termination; and
ided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the
n.
ROVISIONS
this Agreement shall be governed by the law of the priR.i¡3al pia.. State of
sin.
arties to this Agreement pertaining to acts or failures to act shall be deemed to
tute of limitations shall commence to run not later than the date payment is due
8.4.
spectively, bind themselves, their partners, successors, assigns and legal
to this Agreement and to the partners, successors, assigns and legal representatives
0 all covenants of this Agreement. Neither Owner nor Architect shall assign this
onsent of the other.
ts the entire and integrated agreement between the Owner and Architect and
agreements, either written or oral. This Agreement may be
Owner and Architect.
create a contractual relationship with or a cause of action in favor of
's Agreement, the Architect and Architect's consultants sball have no
the nce, handling, removal or disposal of or exposure of persons to hazardous
orm at t te, including but not limited to asbestos, asbestos products, polycWorinated
(PCB) or other toxic su stances.
ARTICLE7 PAYMENTS TO
§ 7.1 DIRECT PERSONNEL
§ 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and
similar contributions and benefits.
CHITECT
LE EXPENSES
Ie Expenses are in addition to the Architect's compensation and include expenses incurred by the
itect's employees and consultants in the interest of the Project for:
of transportation and living expenses in connection with out-of-town travel authorized by the
,3
.4
.5
communications;
fees paid for securing approval of authorities having jurisdiction over the Project;
reproductions;
postage and handling of documents;
AlA Document B727'" -19B8. Copyright @ 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AlA"
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