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AIA_B141_Part_1 - Document B141” — 1997 Part 1 Standard...

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Unformatted text preview: Document B141” — 1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect‘s Services AGREEMENT made as of the in the year {in words, indicate day, month and war} day of BETWEEN the Architect's client identified as the Owner: (Name, address and other information) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Architect: (Norrie, address and other information) For the following Project: {include detailed description of Protect) The Owner and Architect agree as follows: AIA Document 31417” — 199?. Copyright © 1917’. 1925,1948. 1951, 1953. 1958,1961. 1953,1966. 195?,19T0. 197’4. 19T?,198T and 199? by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by US. Copyright Law and international Treaties. Unauthorized reproduction or distribution otthis AIA“ Document, or any portion of it, may result in severe ciin and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute ot Arehiteets' legal counsel. [email protected]_ 1 TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPE NSATION ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for thefollowing items by inserting the reqnested infltrmation or a statement such as "not applicable, " "unknown at time of execntion" or "to be determined later by mntnal agreement. "} § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: ftdenthfv or describe, it'appropriate, proposed use or goals.) § 1.1.2.2 The physical parameters are: fldentpfv or describe, it'appropriate, size, location, dimensions, or other pertinent information, such as geotechnicat reports about the site. ) § 1.1.2.3 The Owner's Program is: (Identpfv documentation or state the manner in which the program will be developed.) § 1.1.2.4 The legal parameters are: (Identifiz pertinent legal itgflormation, including, if appropriate, land survevs and legal descriptions and restrictitnts of the site. } § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's Overall budget for the Project, including the Architect‘s compensation, is: .2 Amount of the Ovttner's budget for the Cost of the Work, excluding the Architect‘s compensation, is: AIA Document EH41” — 199?. Copyright®191?.1926,1948,1951, 1953. 1958,1961.1953,1966,195?,1Q?0. 19M. 197?. 198? and 199? by The American Institute of Architects. All rights reserved. WARNING: This AIA“ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel. copyright®aia.org. § 1.1.2.6 The ti me parameters are: (Identofr, ifappropriate, milestone dates, dnrations orjiast track scheduling.) § 1.1.2.7 The proposed procurement or delivery method for the Project is: (identify~ method such as competitive hid, negotiated contract, or construction management.) § 1.1.2.8 Other parameters are: tldentifiv special characteristics or needs of the Project such as energy, environmental or historic preservation. requirements. ) § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other infoanation.,l § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect‘s submittals to the Owner are: (List name, address and other im‘oanation.,l § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, U'known, identifi‘ them by name and address.) § 1.1.3.4 The Architect‘s Designated Representative is: (List name, address and other infoanationj AIA Document 3141"“ — 199?. Copyright©191?.1926,1948,1951, 1953. 1958,1961.1963,196919511970. 1974. 197?. 198? and 199? by The American Institute of Architects. All rights resented. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Am" 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. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel. c0pyright®aia.org. 3 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, ii'known, identtfv their: by nature and address. ) §1.1.4 Other important initial information is: § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of MA Document A201 current as of the date of this Agreement, or as follows: § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section [.33. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner 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. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner‘s behalf with respect to the Project. The Owner or the Owner‘s Designated 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. § 1.2.2.4 The Owner shall fumish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall fumish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall fumish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. AIA Document 3141"“ — 199?. Copyright©191?.1926,1948,1951, 1953. 1958,1961.1963,196619611970. 19?4. 197?. 198? and 199? by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel. copyright®aia.org. 4 §1.2.2.? The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect‘s employees and Architect's consultants shall be as enumerated in Article L4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect‘s services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner‘s consultants, and for approval of submissions by authorities having jurisdiction over the Project. 'I‘ime limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect‘s behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 IExcept with the Owner‘s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect‘s professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.?r The Architect shall be entitled to rely on the accuracy and completeness of services and information fumished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE lJIIORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Otvner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect‘s consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other doCuments, including those in electronic form, prepared by the Architect and the Architect‘s consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect‘s consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. AIA Document EH41” — 199?. Copyright®191?.1926,1948,1951, 1953. 1958,1961.1963,196619611970. 19?4. 197?. 198? and 199? by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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. Purchasers are permitted to reproduce ten {10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel. copyright®aia.org. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect‘s Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect‘s consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner‘s possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 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 permitted to authorize the Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect‘s consultants. Any unauthorized use of the Instruments of Service shall be at the Otwer's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions goveming the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect‘s consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect‘s control, or if the Architect‘s services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect‘s services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, cotnplexity, the Owner‘s schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner‘s consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.]. AIA Document E1141” — 199?. Copyright®191?.1926,1948,1951, 1953. 1958,1961.1953,1966,195?,1Q?0. 19M. 197?. 198? and 199? by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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. Purchasers are permitted to reproduce ten (11]) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel. copyright®aia.org. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect‘s services, the Architect may proceed in accordance with applicable law to...
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