AIA_B141_Part_2 - a$14114 Document B141” 1997 Part 2...

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Unformatted text preview: a$14114 Document B141” - 1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES W has Important legal consequences. nsultatlon with an attorney uraged with respect to mpletion or modification. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.? FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS AIA Document EH41" -1997. Copyright ©1917,192B.1948,1951.1953, 1958.1961,1963.196619611970, 1974,1977.1987 and 1997 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 Imlill 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 Architects legal counsel, copyright®aia.org. ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 5 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. §2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commenceme f truction and Substantial Completion of the Work. e W §2.1.5 The Architect shall submit design documents to the Owner at intervals appropriat sign process for purposes of evaluation and approval by the Owner. The Architect shall be s received from the Owner in the further development of the design. §2.1.3 The Architect shall consider the value of alternative materials, building systems and other considerations based on program, budget and aesthetics in developing gimp for §2.1.4 Upon request of the Owner, the Architect shall make a presentation to x l ‘ representatives of the Owner. §2.1.6 The Architect shall assist the Owner in connection with the 0 required for the approval of governmental authorities having juris ’ 52.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 52.1.7.1 When the Project requirements have been sufficie y idenufifite . . . e a hi shall prepare a preliminary . a, vo imilar conceptual estimating techniques. As the design process progresses through th e d of the 3 n of Architect shall update and refine the preliminary esti to o the Cost of $212k tect shall advise the Owner of any adjustments to previous estimates 0 the Cost the Work in tea d by changes in Project requirements or general market conditions. If at any time the ' budget, the Architect shall make appropriate budget, and the Owner shall cooperate with e 5 21..7 2 Evaluations of the Owner's budget for th updated estimates of the Cost of the professional familiar with the co ‘ ed, however, that neither the Architect nor the Owner has control over the cost gag“; nt, over the Contractor's methods of determining bid prices, or over competitive bid in mark 0 conditions. Accordingly, the Architect cannot and does not warrant or represent that bids lief - - i n vary from the Owner‘s budget for the Project or from any estimate of the - r§hitect represent the Architect‘s judgment as a design ’ e what materials, equipment, component systems and types of ontract Documents; to make reasonable adjustments in the scope of the Project ts alternate bids as may be necessary to adjust the estimated Cost of the Work Documents to the Ow , e budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. AIA Document El'l4'lT“- 1997. Copyright © 1917 1926.1946 1951.1953 1958.1961 1963.1966 1967.1970 1974 1977. 1987 and 1997 by The American Institute cl Architects. All rights reserved. WARNING. This AIA“ Document is protected by U. 3. 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. 5 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: give written approval of an increase in the budget for the Cost of the Work; authorize rebidding or renegotiating of the Project within a reasonable time; terminate in accordance with Section 1.3.8.5; or coOperate in revising the Project sc0pe and quality as required to reduce the Cost of the Work. inn-bio; 5 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necesgryt mply with the budget for the Cost of the Work. The modification of such documents shall be the limit of . hitect‘s responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in acc rd .. “ th' Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 52.2.1 Unless specifically designated in Section 2.8.3, the services in this Art: . ' d by the w er or the Owner's consultants and contractors. 52.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedu including space requirements and relationships, special equipment, syst?zafid_sife‘re 52.2.1.2 The Owner shall fumish surveys to describe physical ChaTaCICIilS ' ' ' ' s and u ility locations for the site of the Project, and a written legal description of the site. The div 5 and legal i o ation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoinnfg ; adjacent drainage; rights-of—way, restrictions, easements, encroachments, zoning, deed re cti d contours of the site; locations, dimensions and necessary data with respect to existi building , . p ve ents and trees; and information concerning available utility services and lines, bddliglfiolicaand p inverts and depths. All the information on the survey slit/b e - c a 52.2.1.3 The Owner shall fumish services of geotechn’ borings, test pits, determinations of soil bearing v ues, erc tion tests ev tions of hazardous materials, ground corrosion tests and resistivity tests, including ne es atio for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING S 52.3.1 The Architect shall provide a preliminary e lua Agreement, including the Owner's p Wsch - terms of the other. The Architect 1 ’ew s h info of the Project and shall notify 0 er o . needed for the Project. of the information furnished by the Owner under this irements and budget for the Cost of the Work, each in a}1 ‘ ascertain that it is consistent with the requirements o inform tion or consultant services that may be reasonably a; ation of the Owner's site for the Project based on the , and the Owner's program, schedule and budget for the Cost of Owner‘s proposed method of contracting for construction services and shall ac that such method may have on the Owner's program, financial and time ARTICLE 2.4 DESIGN SERVICE 52.4.1 The Architec ' esi se ' es shall include normal structural, mechanical and electrical engineering services. 52.4.2 SCHEMATIC D SIG OCUMENTS 52.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect‘s option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations AIA Document 314‘!" -1997. Copyright ©1917.1926.1948.1951.1953. 1958.1961.1963.1966.1967.1970. 1974.1977.1987 and 1997 by The American Institute 01 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 Iitiill 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. of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 52.4.3 DESIGN DEVELOPMENT DOCUMENTS 52.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scepe, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Deve10pment Documents shall include specifications that identify major materials and syst in general their quality levels. 52. 4. 4 CONSTRUCTION DOCUMENTS for construction of the Project The Construction Documents shall include Dra ’ in detail the quality levels of materials and systems required for the Project. 52.4.4.2 During the development of the Construction Documents, the Architect shall asm development and preparation of: (1) bidding and procurement information 1c 'sbe tim lace and conditions of bidding; bidding or proposal forms; and the form of agree eii/Lbetw n th Sumxemidéhe Contractor; and (2) the Conditions of the Contract for Construction (General, Supp r onditio s) The Architect also shall compile the Project Manual that includes the Conditions 0 r ’ ‘ and may include bidding requirements and sample forms. ARTICLE 2. 5 CONSTRUCTION PROCUREMENT SERVICES assist the Owner' lIl awarding and preparing contracts for o 52.5.2 The Architect shall assist the Owner in estab ' tractors. 11st of prosp tive dders o vflfickp posal evaluation and determination of the e Owner, ‘tect shall notify all prospective bidders or 5 2.5.3 The Architect shall assist the Owner in b' successful bid or proposal, if any. If requeste b contractors of the bid or proposal results. 5 2.5.4 COMPETITIVE BIDDING 52.5.4.1 Bidding Documents shallc Supplementary Conditions, Speci 52.5.4.3 re the Owner, th Ar 't ct all distribute the Bidding Documents to proSpective bidders and return upon mpteti of bi g process. The Architect shall maintain a log of distribution and ' if any, received from and retumed to proSpective bidders. 52.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 52.5.4.7 The Architect shall participate in or, at the Owner‘s direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. AIA Document El'l4'lT“- 1997. Copyright © 1917. 1926.1948.1951.1953.1958.1961. 19B3.1966.19B7.1970. 1974 1977. 1987 and 1997 by The American Institute 01 Architects. All rights reserved. WARNING: This AIA'” Document is protected by U. 3. 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. 52.5.5 NEGOTIATED PROPOSALS 5 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 5 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. contractors. The Architect shall subsequently prepare a summary report of the ne Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 52.6.1 GENERAL ADMINISTRATION 5 2.6.1.1 The Architect shall provide administration of the Contract bet ee the Owne below and in the edition of AlA Document A201, General Conditio f e Contract fo Co struction, current as of the date of this Agreement. Modifications made to the General Co 'tions, when adopted s art of the Contract Documents, shall be enforceable under this Agreement only to the ex ey are co si ent with this Agreement or approved in writing by the Architect. d e Con actor as set forth 5 2.6.1.2 The Architect's responsibility to provide the Co ’nis ion Se ’ces der this Agreement commences with the award of the initial Contract for Co s ction ter ’ ates at ’ ce to the Owner of the .035? final Certificate for Payment. However, the Archi e entitled to e in Se 'c s in accordance with Section 2.8.2 when Contract Administration Serv’ es exten 0 days after te of Substantial Completion of the Work. 52.6.1.4 Duties, responsibilities restricted, modified or extended 52.6.1.5 The Ar ‘ne shall re ’ about the C act Doc shall bei af pre ared or approve by --‘ the sp 1fic rawings or pecific ‘ons ‘ 52.6.1 61 deeme response to such e made in writing within any time limits agreed upon or otherwise with reasonable promptness. 52.6.1.8 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 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 the results of interpretations or decisions so rendered in good faith. AIA Document 3141*“ -1997. Copyright ©1917.1926.1948.1951.1953. 1958.1961.1963.196619611970. 1974.1977.1987 and 1997 by The American Institute 01 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 Irtlill 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. 52.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor 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. § 2.6.2 EVALUATIO NS OF THE WORK 5 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appmpriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to dete ' ' neral if the Work is being performed in a manner indicating that the Work, when fully completed, will high accordance ’ Contract Documents. However, the Architect shall not be required to make exhaustive or co us on- inspections to check the quality or quantity of the Work. The Architect shall neither have col tr over nor be responsible for, the construction means, methods, techniques, sequence or procedur s, recent construction schedule submitted by the Contractor. However, the Architect shall 11 Contractor's failure to perform the Work in accordance with the requireme t o 5 2.6.2.3 The Architect shall at all times have access to the Work wher ' ' in prepar ' or progress. icati n§4re been specially authorized, the Owner shall endeavor to communicate e’CortKrgc g? hitect about matters arising out of or relating to the Contract Documents. Communic ti us by an with e Arc ct‘s sultants shall be through the Architect. 5 2.6.2.5 The Architect shall have authority to re' ct or at Destruct conform to the Contract Documents. Whenever the Architect considers it necess visable, Arc ’tect will have authority to require inspection or testing of the Work in accordance with the o i s of the Con ct cuments, whether or not such Work is fabricated, installed or completed. However, it Qer is authority 0 Architect nor a decision made in good faith either to exercise or not to exercise such authority all -'ve rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material - ‘ ment s pplie their agents or employees or other persons or entities performing portions of the Work. Payment in suc nts. The ' 's certific ti n for payment shall constitute a representation to the Owner, based on th chitect' evaluation of e ork rovided in Section 2.6.2 and on the data comprising the Contra}? s pflfittgn for Payment, has progressed to the point indicated and that, to the best of the Archite t‘s owledge, in nuatio an ‘e the quality of the Work is in accordance with the Contract Documents. The to eg ing represe ' Docu 11 upon - s {a deviati ns - Architec § 2.6.3.2 The issuanc f a tifi te for Payment shall not be a representation that the Architect has (1) made exhaustive or contuj‘ uous on-sit inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tec ' , sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. AIA Document 314‘!" -1997. 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 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 IllIllIill be prosecuted to the maximum extent possible under the law. Purchase...
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