HomeMy WebLinkAboutRES.2240.02-05-2007 BILL NO. 07-22 RESOLUTION NO. ���Q
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH PHILLIP B. SMITH ARCHITECT,
LLC, FOR PRELIMINAR.Y DESIGN FOR
CITY HALL RENOVATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIR.ARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement for Phillip B. Smith Architect, LLC, for preliminary
design for City Hall renovation. A copy of said Agreement is
attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS _��Z �� DAY OF , 2 0��.
;�J � � .���1 '� �
w: �
r� •.�, Jay B Knudtson, Mayor
�� m
'a+ ' v> T: O
ir�sR� ":, , _ �
�T�B OI�IO �'
� �
B',BA1+
ayle L. Co d, City Clerk
,
AIA Document B163
Standard Form of
Agreement Between Owner and Architect
with Descriptions of Designated Services
and Terms and Conditions
THIS DOCUMEN7'HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN
ATTORNEYIS ENCOURAGED WITH RESPEGT TO ITS COMPLE770N OR MODIFICATION.
1993 EDITION
TABLE OF ARTICLES
PART 1—FORM OF AGREEMENT
ARTICLE 1.1 SCHEDULE OF DESIGNATED SERVICES
ARTICLE 1.2 COMPENSATION
ARTTCLE 1.3 PAYMENTS
ARTICLE 1.4 TIME AND COST
ARTICLE 1.5 ENUMERATION OF DOCUMENTS
ARTICLE 1.6 OTHER CONDITIONS OR SERVICES
PART 2—DESCRIPTIONS OF DESIGNATED SERVICES
ARTICLE 2.1 DESIGNATED SERVICES
ARTICLE 2.2 PHASES OF DESIGNATED SERVICES
ARTICLE 2.3 DESCRIP'TIONS OF DESIGNATED SERVICES
ARTICLE 2.4 DESCRIP'TIONS OF SUPPLEMENTAL SERVICES
PART 3—TERMS AND CONDITIONS
ARTICLE 3.1 ARCHITECT'S RESPONSIBILIT'IES
ARTICLE 3.2 OWNER'S RESPONSIBILIT'IES
�xTtC�3.3 CONTRACT ADMINISTRATION
ARTICLE 3.4 USE OF PROJECT DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS
ARTICLE 3.5 COST OF THE WORK
ARTICLE 3.6 PAYMENTS TO THE ARCHITECT
ARTICLE 3.7 DISPUTE RESOLUTION
ARTICLE 3.8 MISCELLANEOUS PROVISIONS
ARTICLE 3.9 TERMINATION,SUSPENSION OR ABANDONMENT
Copyright�1993 by The American[nstitute of Architects,ll35 New York Rvenue,N.W.,Washington,D.C.20006-5292.Reproduction of the material herein or substantial
quotacion of i[s provisions without the wric[en permission of the AIA violates the copyright laws of the United States and will subject the violator[o legal prosecution.
� AIA DOCUMENT 8163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA•• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON, D.C. 20006-5z92•WARNING: Unllcensed photocopying
vlolates U.S.copyright laws and will subject the vlolator to legal prosecution. B163-1993 1
AIA Document B163 P�KT 1
FORM OF AGREEMENT
Between Owner and Architect
for Designated Services
AGREEMENT
made as of the ��t, day of�Q�n� in the year of aOD�'7
(In urords,indicate day,month and year.)
BETWEEN the Owner:
(Name and addreu�
City of Cape Girardeau
401 Independence Street
Cape Girardeau, 6lissouri 63703
and the Architect:
m'a"�a"��'�� Phi 11 i p B. Smi th Archi tect LLC
101 South Farrar Drive, Suite 201
Cape Gi rardeau, ��1i ssouri 63%O1
For the following Project:
(Include a detailed description ofProject,location,address and scope.)
Provide preliminary design to City Hall , 401 Independence Street.
Revie►v department and staff requirements to provide a relevant
program summary.
Schematic floor plan of building addition.
Schematic site plan.
Construction budget.
Character of existing building to be maintained in new addition.
The Owner and the Architect agree as set forth below
AIA DOCUME�IT 8163• OWNER-ARCHTI'ECT AGREEMENT FOR DESIGNATED SERVICES
AIA°• �1993•THE AMERICAN INS1'ITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,�.c. 2000G-5292•WARNING: Unlicensed photocopying
vtolates U.S.coovriaht laws and will subiect the vlolator to les�al prosecution. 8163-1993 2
ARTICLE 1.1: SCHEDULE OF DESIGNATED SERVICES I
PROJECT: Pre-Design Phase
C i ty Ha 11 Add i t i on Site Analysis Phase
�1 t,y of Cape Gi rardeau Schematic Design Phase
Design Development Phase
Contract Documents Phase
PROJECT#: OJO 1 Bidding or Negotiations Phase
DATE: O j.Z5.2��] Contract Administration Phase
1 2 3 4 5 6 7 8 Post-Contract Phase
'R:RESPONSIBILITY "M:METHOD OF COMPENSATION R M R M R M R M R M R M R M R M Remarks and Exceptions
.01 Project Administration
� � .02 Disciplines Coordination/Document Checking
�E�Z .03 Agency Consulting/Review/Approval
a c°n' .04 Owner-Supplied Data Coordination
�� .05 Schedule DevelopmenVMonitoring `_�F'
a� .O6 Preliminary Estimate of Cost of the Work '"` � °�
� ��
.07 Presentation �� .�_�� � � �"
.OS Programmin9 5 .�° ` � � � �.�.z.. �. � q��`�:.
o,�, .09 Space Schematics/Flow Diagrams � ," ;� ��' � d,.,,q�;
Q� .10 Existing Facilities Surveys �� r ; � � � ,� k � � � e�
�� .11 Marketing Studies � � � � � � �� ��� � r
a .12 Economic Feasibility Studies �� , ��;,� � ,$ �� �, '�
�
.13 Project Financing � � ' ��� ; � g�%- � � �
.14 Site Analysis and Selection �, F:; �Y�� �� � �� �':
.15 Site Development Planning x� k ��, � s� ;� a~ ���k:
� .16 Detailed Site Utilization Studies � «: �.;�� � � � � r pP
�a � .17 On-Site Utility Studies � � � � � �� ���
�� .18 Off-Site Utility Studies �g �� �-���,�,�; � � � `"
p� .19 Environmental Studies and Reports ��d; �,„� � �� �:- a �,
�' .20 Zoning Processing Assistance �.�;, �� � ��� � � °a;
� .21 Geotechnical Engineering `�' � ��'»e�.
.22 Site Surveying ,$��a �� �� �..�-� y � �
��
.23 Architectural Design/Documentation � � . ag � ��.Am;
.24 Structural Design/Documentation `� � ' � ��
.� �:�
.25 Mechanical Design/Documentation �� � �a� fr, ,�� ����a
�� .26 Electrical Design/Documentation � ��� �,;: � �: �� ���;
���Z .27 Civil Design/Documentation � -�` �'�" � �;� �� =-rN'
�� .28 Landscape Design/Documentation ��` A° ���� ,� �«,��
.29 Interior Design/Documentation ��a�' ���N: ���"� a ��;�;
.30 Special DesigNDocumentation g �� �� � �` � � &�'
.31 Materials Research/Specifications ���� „, �� �, �� �
�, .32 Bidding Materials �. � � u �-- ��� <�, � e g'�;'
� .33 Addenda �'�a� ;�� $� � ��g
�� .34 Bidding/Negotiation �; � `� �: �;`����, �
� o .35 Analysis of Altemates/Substitutions �� , %` � ��-��.g� ffi ��,�;,;
m�v .36 Special Bidding ��.; � � A- � �. �� �& � �� � A°';
�-�
o, .37 Bid Evaluation �� � � " � :��g�� ���, �� '�
z .38 Contract Award ��'���� ;� ,�'�� �,. ;,�� � � g"
� �. .� .��.'
.39 Submittal Services �.��� � " "` � �� � � ; -�� �W�
� .40 Observation Services � :�� � :�; � ��;�� ; g
Z .41 Project Representation � ' ��� � � �; � ��'
�� .42 Testing and Inspection Administration � _;� °� � � �; ���`e
� o .43 Supplemental Documentation � r'�� �� � ���� � ��-�
o�a .44 Quotation Requests/Change Orders � �� -�� � �� �� �;'
v�' .45 Contract Cost Accounting ��� � � �,��� �R-;
�� .46 FF&E Installation Administration ��:- � � -:�� �� &�� �-:�
a .47 Interpretations and Decisions � � � � ���� � �; �;��.
.48 Project Closeout � "�� � "� '� � � �"� �.�
� .49 Maintenance and Operational Programming � � � ¢ ��,�-:,
`� � .50 Start-Up Assistance � .' � � � ���'��
U Z •51 Record Drawing �� � � '� '<���� ��
�,� .52 Warranty Review , ��'�
a .53 Post-Contract Evaluation R� �
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON, D.C. 20oo6-5z9z•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 3
ARTICLE 1.1: SCHEDU�E OF DESIGNATED SERVICES(continued)
PROJECT: Supplemental Services
City Hall Addition
City of Cape Girardeau
PROJECT#: Q]�].
DATE: Q1.25.2QQ] 9
'R:RESPONSIBILITY "M:METHOD OF COMPENSATION R M Remarks and Exceptions
.54 Special Studies
.55 Tenant-Related Services
.56 Special Furnishings Design
.57 FF&E Services
.58 Special Disciplines Consultation
.59 Special Building Type Consultation
.60 Fine Arts and Crafts
.61 Graphic Design
.62 Renderings
.63 Model Construction
.64 Still Photography
� .65 Motion Picture and Videotape
�Z .66 Life Cycle Cost Analysis
� .67 Value Analysis
m .68 Energy Studies
c .69 Quantity Surveys
� .70 Detailed Cost Estimating
� .71 Environmental Monitoring
� .72 Expert Witness
.73 Materials and Systems Testing
.74 Demolition Services
.75 Mock-Up Services
.76 Coordination of Designated Services
.77 FF&E Purchasing/Installation
.78 Computer Applications
.79 Project Promotion/Public Relations
.SO Leasing Brochures
.81 Pre-Contract Administration/Management
.82 Extended Bidding
.83 Extended Contract Administration/Management
�
a�
', U
I Z
�
�
N
L
�
•R:RESPONSIBILITY "M:METHOD OF COMPENSATION In conjunction with the descriptions of terms and conditions of this
A Architect 1. Multiple of Direct Personnel Expense Agreement,the Designated Services,where identified above by appropriate
O Owner 2. Professional Fee Plus Expenses initial,shall be provided by the Owner or the Architect or not at all.In
N Not Provided 3. Percentage of Construction Cost conjunction with the r..ompensation and payment terms of this Agreement,
4. Stipulated Sum the Owner shall compensate the Architect for such designated services
5. Hourly Billing Rates performed by the Architect on the basis of the Method of Compensation
6. Multiple of Amounts Billed to Architect identified above by an appropriately keyed number.
7. Other:
KEY
OWNER
�All services performed in normal chronological order. (Signature)
Services performed out of normal sequence,or not rypically provided
during these phases,as in FAST-TRACK construction.Such services may ARCHITECT
warrant special requirements as to responsibility and/or compensation. (Signature)
AIA DOCUMENT 8163 • OWNER-ARCHITECT AGREEMENT FOF.DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCH[TECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C. 20006-5292•WARNING: Unlicensed photocopying
4 6163-1993 violates U.S.copyright laws and wlll gubJect the violator to legal prosecution.
ARTIt,.IE 1.2
COMPENSATION
The Owner shall compensate the Architect as follows.
1.2.1 For Designated Services, as identified in the Schedule of Designated Services, described in the Description of Designated
Services,and any other services included in Article 1.6,compensation shall be computed as follows:
(/nsert basis ojcompensation, including stipulated sums, multiples or percentages,and identify pbases to u�hich particular metbods ojcompensation app[y, if
necessary.)
65 hours @ $ 70.00/hour = $ 4,550.00 iNot to ex�eed)
1.2.2 For Contingent Additional Services of the Architect, as described in the Terms and Conditions, but excluding Contingent
Additional Services of Consultants,compensation shall be computed as follows:
(/rtsert basis ojcompensation,including rates and multiples oJDirect Personne!Expense jor Principals und employees,and identify Principals and classify employees,
ijrequired.Identify specifi'c seruices to wbich panicular methods ojcomperisation apply,ijnecessary.)
At current hourly rates.
Owner to approve before starting work.
1.2.3 For Contingent Additional Services of the Architect's Consultants, including additional structural, mechanical and electrical
engineering,and those identified in Article 1.6 and in the Schedule of Designated Services or as part of the Architect's Contingent
Additional Services under the Terms and Conditions,compensation shall be computed as a multiple of
0112 & one-ten th( 1. 1 )times the amounts billed to the Architect for such services.
(ldentify specific types ojconsultants in Article 6,ijrequired.)
3.6.2
1.2.4 For Reimbursable Eacpenses,as described in Article$�of the Terms and Conditions,and any other items included in Article
1.6 as a Reimbursable Espense, the compensations shall be computed as a multiple of 011@ & one-tenth
( 1. 1 ) times the expense incurred by the Architect, the Architect's employees and consultants in the interest of
the Project.
1.2.5 If the Designated Services identified in the Schedule of Designated Services have not been completed within
twe 1 ve ( 12 ) months of the date hereof,through no fault of the Architect,extension of the
Architect's services beyond that time shall be compensated as provided in Paragraph 1.2.2.
1.2.6 The rates and multiples set forth for Contingent Additional Services shall be annually adjUsted in accordance with normal
salary review practices of the Architect.
AIA DOCUMENT 8163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.c.2000G-Sz9z •WARNING: Unlicensed photocopyfng
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 5
ARTICLE 1.3
PAYMENTS
1.3.1 An initial payment of zero dollars($ -�- )
shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the
Owner's account at final payment.Subsequent payments for Designated Services shall be made monthly,and where applicable,shall
be in proportion to services performed within each phase of service,on the basis set forth in the Agreement.
1.3.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Designated
Services in each phase shall be made monthly and shall be in proportion to services performed within each Phase of Services, so
that Compensation for each Phase shall equal the following amounts or percentages of the total compensation payable for such
Designated Services.
pnsert or delete phases as appropriate.)
Phase Amount or Percentage
Pre-Design Phase:
Site Analysis Phase: ��/A
Schematic Design Phase:
Design Development Phase:
Contract Documents Phase:
Bidding or Negotiation Phase:
Contract Administration Phase:
Post-Contract Phase:
1.3.3•Payments are due and payable �h 1 rtY ( 30 )days from the date of the Architect's invoice.
Amounts unpaid S 1 Xty ( 6Q ) days after the invoice date shall bear interest at the rate entered
below,or in the absence thereof,at the legal rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
Invoice submitted to the City by the 20th �yill be paid by the lOth of the
following month.
(Usury laws and requirements under tbe Federad Truth in Lendang Act,similar state and local consumer credit laws and other regulataons at the Owner's and Archi-
tect's principal places of business, tbe location of tbe Project and elsewhere mav affeu tbe validity of this provision. Specific legal adaice sbould be obtained with
respect to deletion or modification.�and a[so regarding requirements such as runtten disclosures or waivers.)
ARTICLE 1.4
TIME AND COST
1.4.1 Unless otherwise indicated, the Owner and the Architect shall perform their respective obligations as expeditiously as is con-
sistent with normal skill and care and the orderly progress of the Project. Upon the request of the Owner, the Architect shall
prepare a schedule for the performance of the Designated Services which may be adjusted as the Project proceeds, and shall
include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having juris-
diction over the Project. Time limits established by this schedule upon approval by the Owner shall not, except for reasonable
cause, be exceeded by the Architect or Owner. If the Architect is delayed in the performance of services under this Agreement by
the Owner, the Owner's Consultants, or any other cause not within the control of the Architect, any applicable schedule shall be
adjusted accordingly.
([nsert time requirements,ijany.)
AIA DOCUMENT 6163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
tv.w.,�wnsxiN�TON,D.C. 20oo6-5z9z•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 6
1.4.2 The Owner shall establish and update an overall budget for the Project,which shall include the Cost of the Work;contingen-
cies for design, bidding and changes in the Work during construction; compensation of the Architect,Architect's consultants and
the Owner's other consultants;cost of the land,rights-of-way and financing;and other costs that are the responsibility of the Owner
as indicated by the Terms and Conditions or Designated Secvices. Prior to the establishment of such a budget,the Owner and the
Architect may agree on Designated Secvices that include the utilization of the Architect's or other consultants'services to assist the
Owner with market,financing and feasibility studies deemed necessary for development of such a budget for the Project.
1.4.3 No fixed limit of the Cost of the Work shall be established as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget unless such fixed limit has been agreed to below or by separate Amendment made in writing and
signed by the parties hereto.Any fixed limit of the Cost of the Work shall be subject to the limitations and definitions contained in
the Terms and Conditions under Part 3 of this Agreement.
(/jno fixed limit,leave blank.)
ARTICLE 1.5
ENUMERATION OF DOCUMENTS
1.5.1 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
1.5.2 The parts of this Agreement between the Owner and Architect,except for amendments issued after execution of this Agree-
ment,are enumerated as follows:
1.5.2.1 Form of Agreement Between Owner and Architect,AIA Document B163—Part 1, 1993 Edition;
1.5.2.2 Descriptions of Designated Services for AIA Document B163,AIA Document B163—Part 2, 1993 Edition;
1.5.2.3 Terms and Conditions of AIA Document B163,AIA Document B163—Part 3, 1993 Edition.
1.5.2.4 Other pocuments,if any,forming a part of the contract are as follows:
(/nsert any additional documents,but on[y if tbey are intended to be part ojthe contract between the Owner and ti�e Architect.)
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.c. 20oo6-5z92•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 7
ARTICLE 1.6
OTHER CONDITIONS OR SERVICES
(/nsen modif:cations to the Descriptiorrs ojSeruices contained in Pan 2 and to tbe Ternts and Conditions contained in Pan 3 of tbis qgreement.)
Reimbursable expenses to include reproductions made for
review and final presentations.
This Agreement entered into as of the day and year first written above.
OWNER ARCHIT T
� " C�� 0.0
(Signature) (Sigrrature
�QS �.�PSI�P (�a� I(n C1,��Q d' P h i 11 i p B. Sm i t h, A rc h i te c t
(Printed na and title) �
(Printed name and title)
CAUTION: You should sign an original AIA document which has this caution printed in red.
� � An original assures that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited License for Reproduction of this document.
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, ll35 NEW YORK AVENUE,
N.W.,WASHINGTON, D.C. 20006-5292•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 8
AlA Document B163—PART 2
DESCRIPTIONS OF DESIGNATED SERVICES
for the Agreement
Between Owner and Architect
The current edition of AIA Document A201,General Conditions of the Contract for Construction,is adopted by reference under the
Construction Phase of this document.Do not use with other general conditions unless this document is modified.
ARTICLE 2.1
DESIGNATED SERVICES
2.1.1 In accordance with the Schedule of Designated Se►vices completed under Part 1 of this Agreement, the Owner and Architect
shall provide the phases and services designated therein and described herein. Unless the responsibility for a Project phase or ser-
vice is specifically allocated in the Schedule of Designated Services ro the Owner or Architea, such phase or service shall not be a
requirement of this Agreement.
ARTICLE 2.2
PHASES OF DESIGNATED SERVICES
2.2.1 Pre-Design Phase. The Pre-Design Phase is the stage in which the Owner's program, the financial and time requirements,
and the scope of the Project are established.
2.2.2 Slte Analysis PhBSe. The Site Analysis Phase is the stage in which site-related limitations and requirements for the Project
are established.
2.2.3 SChematlC Deslgn Phese. The Schematic Design Phase is the stage in which the general scope, conceptual design, and
the scale and relationship of components of the Project are established.
2.2.4 DeSign DevelOpmellt Phase. The Design Development Phase is the stage in which the size and character of the Project
are further refined and described, including architectural, structural, mechanical and electrical systems, materials, and such other
elements as may be appropriate.
2.2.5 COnt�aCt DOCumellts Phese. The Contract Documents Phase is the stage in which the requirements for the Work are set
forth in detail.
2.2.6 Bldding Or NegOtlatlOns PhBse. The Bidding or Negotiation Phase is the stage in which bids or negotiated proposals are
solicited and obtained and in which contracts are awarded.
2.2.7 COntreCt Adml111st�atlOn Phese. The Contract Administration Phase is the stage in which the Work is performed by one or
more Contractors.
2.2.8 POSt-CO�tPeCt PhBSe. The Post-Contract Phase is the stage in which assistance in the Owner's use and occupancy of the
Project is provided.
2.2.9 Sequ@11Ce Of PhBSeS. The services for the above phases are generally performed in a chronological sequence following the
order of phases shown in Paragraphs 2.2.1 through 2.2.8.
2.2.9.1 NO�mal SequenCe. The Owner and Architect shall commence the performance of their respecuve responsibiliues with
the services assigned to the foremost sequential phase under the completed Schedule of Desionated Services of Part 1 [o this Agree-
ment.F�ccept as provided under Subparagraphs 2.2.9.2 and 2.2.9.3,subsequent phases shall not be commenced until the Owner has
approved the results of the Architect's services for the preceding phase. Such approvals shall not be unreasonably withheld.When
phases or services are ro be combined or compressed,their chronology shall continue to follow that shown above,unless otherwise
provided in this Agreement.
2.2.9.2 Fast Traek. upon che receipt of the Owner's written authorization for Work to commence prior to completion of the
Architect's Contract Documents Phase, the Architect shall provide the services designated in an ovQrlapping manner rather than in
the normal chronological sequence in order to expedite the Owner's early occupancy of all or a portion of the Project. The Owner
shall furnish to the Architect in a timely manner information obtai�ed from al] Contractors and prospective contractors regarding
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAIV INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
tv.w.,wnsx�rrcTo[v,D.c. z0006-5z9z•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 9
anticipated market conditions and construction cost, availabiliry of labor, materials and equipment, and their proposed methods,
sequences and time schedules for construction of the Work.Upon receipt of their proposed Work schedules,the Architect shall pre-
pare a schedule for providing services. In the event of a conflict between the proposed Work schedules and the Architect's pro-
posed schedule,the Architect shall inform the Owner of such conflict.
2.2.9.3 SUpplemental ServlCes. Supplemental Services may be provided, however, during a single phase or several phases and
may not necessarily follow the normal chronological sequence.
ARTICLE 2.3
DESCRIPTIONS OF DESIGNATED SERVICES
PROJECT ADMINISTRATION AND MANAGEMENT SERVICES
.01 ProjeCt AdministrBtiOn services consisting of administrative functions including:
.O1 Consultation
.02 Research
.03 Conferences
.04 Communications
.OS Travel time
.06 Progress reports
.07 Direction of the work of in-house architectural personnel
.08 Coordination of work by the Owner's forces.
.02 Disciplines Coordination/Document Checking consiscing of:
.O1 Coordination between the architectural work and the work of engineering and other disciplines involved in the Project
.02 Review and checking of documents prepared for the Project by the Architect and the ArchitecYs Consultants.
.03 Agency Consutting/Review/Approval services,including:
.O1 Agency consultations
.02 Research of critical applicable regulations
.03 Research of community attitudes
.04 Preparation of written and graphic explanatory materials
.05 Appearances on Owner's behalf at agency and community meetings.
The services below apply to applicable laws, statutes, regulations and codes of regulating entities and to reviews
required of user or community groups with limited or no statutory authority but significant influence on approving
agencies and individuals,including:
.06 Local political subdivisions
.07 Planning boards
.08 Counry agencies
.09 Regional agencies
10 Federal agencies
.11 User organizatio�s
12 Community organizations
.13 Consumer interest organi-r.ations
.14 Environmental interest groups.
.04 Owner-Supplied Data Coordination,including:
.O1 Review and coordination of data fumished for the Project as a responsibility of the Owner
.02 Assistance in establishing criteria
.03 Assistance in obtaining data,including,where applicable,documentation of existing conditions.
AIA DOCUMENT B163 • OWNER-ARCHITF.CT AGREEMENT FOR DESIGNATED SERVICES
AIAx• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUF.,
tv.�w.,�wnsxi[vGTotv,D.C. 20oo6-5z9z•WARNING: Unlicensed photocopying
10 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
.05 Schedule DevelopmenUMonitoring serv;ces,including:
.Ol Establishment of initial schedule for Architect's services,decision-making,design,documentation,contracting and con-
struction,based on determination of scope of Architect's services
.02 Review and update of previously established schedules during subsequent phases.
.06 Preliminary Estimate of the Cost of the Work,including:
.Ol Preparation of a preliminary estimate of the Cost of the Work
.02 Review and update the preliminary estimate of the Cost oF the Work during subsequent phases.
.07 Presentation services consisting of presentations and recommendations by the Architect to the following client
representatives:
.Ol Owner
.02 Building committee(s)
.03 Staff committee(s)
.04 User group(s)
.05 Board(s)of Directors
A6 Financing entity(entities)
.07 Owner's consultant(s).
PRE-DESIGN SERVICES
� .OS Programming services consisting of consulta[ion to establish and document the following de[ailed requirements for the
Project:
.Ol Design objectives,limitations and criteria
.02 Development of initial approacimate gross faciliry areas and space requirements
.03 Space relations
.04 Number of functional responsibilities personnel
.OS Fle�bility and expandability
.06 Special equipment and systems
.07 Site requirements
.08 Development of a preliminary budget for the Work based on programming and scheduling studies
.09 Operating procedures
.10 Security criteria
.11 Communications relationships
.12 Project schedule.
f.09 SpaCe SChemetiCs/FIOw D'lag�ams consisting of diagrammatic studies and pertinent descriptive text for:
.O1 Conversion of programmed requirements to net area requirements
.02 Internal functions
.03 Human,vehicular and material flow pattems
.04 General space allocations
.OS Analysis of operating functions
.06 Adjacency
.07 Special facilities and equipment
.08 Flewbility and expandability.
.10 Existing Facilities Surveys consisting of researching, assembling, reviewing and supplementing information for Projects
imolving alterations and additions to e�cisting facilities or determining new space usage in conjunction with a new building
program and including:
.Ol Photography
.02 Field measurements
.03 Review of e�sting design data
AIA DOCUMENT 6163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
tv.w.,vansxirrcTorv,n.c. z0006-5292 •WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 11
A4 Analysis of e�dsting structural capabilities
.OS Analysis of existing mechanical capabilities
.06 Analysis of e�sting electrical capabilities
.07 Review of eacisting drawings for critical inaccuracies,and the development of required measured drawings.
.11 Marketing Studies relating to determination of social, economic and political need for and acceptability of the Project and
consisting of:
.O1 Determination with Owner of the scope,parameters,schedule and budget for marketing studies
.02 Identification,assembly,review and organization of e�sting pertinent data
.03 Arrangement of clearances for use of e�cisting data
.04 Mail survey studies
.OS Personal sun�ey studies
.06 Analysis of data
.07 Assistance in obtaining computerized analysis and modeling
.OS Computerized analysis and modeling
.09 Preparation of interim reports
10 Preparation of final report
.11 Assistance in production of final repon.
.12 ECOnOmIC F@eSlblllty StUd'leS consisting of the preparation of economic analysis and feasibility evaluation of the Project
based on estimates of:
.O1 Total Project cost
.02 Operation and ownership cost
.03 Financing requirements
.04 Cash flow for design,construction and operation
.OS Return on investment studies
.06 Equity requirements.
.13 ProjeCt FinanCing services as required in connection with:
.O1 Assistance to Owner in preparing and submitting data,supplementary drawings and documentation
.02 Research of financing availability
.03 Direct solicitation oF financing sources by the Architect.
Projea Financing services are required for:
.04 Development costs
.05 Site control and/or acquisition
.06 Predesign and site analysis services
.07 Planning,design,documentation and bidding services
.08 Interim or construction financing
.09 Permanent or long-term financing.
SITE DEVELOPMENT SERVICES
.14 Site Analysis and Selection consiscing of:
.Ol Identification of porential site(s)
.02 On-site observations
03 Movement systems,traffic and parking studies
.04 Topography analysis
.OS Analysis of deed,zoning and other legal restrictions
.06 Studies oE availability of labor force to staff Owner's faciliry
.07 Studies of availability of construction materials,equipme�t and labor
.08 Studies of construction market
.09 Overall site analysis and evaluation
.10 Comparative site studies.
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
�v.w.,�wnsxl[vGTocv,D.C. 20oo6-5z92•WARNING: Unlicensed photocopying
12 B163-1993 violates U.S.copyright laws and will subject the violator to legal prose�ution.
.15 Site D@velOpme�t Ple��i�g consisting of preliminary site analysis,and preparation and comparative evaluation of concep-
tual site devefopment designs,based on:
.Ol Land utilization
.02 Struct�res placement
.03 Facilities development
.A4 �eve�e�mer�-p�,as=��
.OS Movement systems,circulation and parking
.96 L-FEi�iEies si�st�ms
-9�L�tlffaee aem"�aerti�vi�rH��c�ie esve�-
.e8 �'E6�6g4E@�4Q�l3i�fE�3QAe�--
.09 Deeds,zoning and other legal restrictions
.16 Deteiled Site UtiliZetiOn Studies consisting of detailed site analyses,based on the approved conceptual site development
design,including:
.Ol Land utilization
.02 Structures placement
.03 Facilities development
.04 Development phasing
.OS Movement systems,circulation and parking
.06 Utilities systems
.07 Surface and subsurface conditions
.08 Review of soils report
.09 Vegetation
.10 Slope analysis
.11 Ecological studies
.12 Deeds,zoning and other legal restrictions
.13 Landscape forms and materials.
.17 O�-Slte Utillty Stud'leS consisting of establishing requirements and preparing initial designs for on-site:
.Ol Electrical service and distribution
.02 Gas service and distribution
.03 Water supply and distribution
.04 Site drainage
.05 Sanitary sewer collection and disposal
.06 Process waste water treatment
.07 Storm water collection and disposal
.08 Central-plant mechanical systems
.09 Fire systems
.10 Emergency systems
.11 Securiry
.12 Pollution controt
.13 Site illumination
.14 Communications systems.
.18 Off-Site Utility Studies consisting of:
.Ol Confirmation of location,size and adequacy of utilities serving the site
.02 Determination of requirements for connections to utilities
.03 Planning for off-site utility extensions and facilities
.04 Design of off-site utility extensions and facilities.
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�•�1993•THE AMERICAN INSTITU7'E OF ARCHI7'ECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C.20006-5292•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subJect the violator to legal prosecution. B163-1993 13
.19 Environmental Studies and Reports consiscing of:
.Ol Determination of need or requirements for environmental monitoring,assessment and/or impact statements
.02 Ecological studies
.03 Preparation of environmental assessment reports
.04 Preparation of environmental impact reports
.05 Attendance at public meetings and hearings
.06 Presentations to governing authorities.
.20 Zoning Processing Assistance consiscing of:
.Ol Assistance in preparing applications
.02 Development of supponing data
.03 Preparation of presentation materials
.04 Attendance at public meetings and hearings.
.21 Geotechnical Engineering services,including,but not limited to:
A1 Test borings, test pits, determinations of soil bearing values, percolation tests, evalua[ions of hazardous materials,
ground corrosion and resistiviry tests,includin�necessary operations for anticipating subsoil conditions
.02 Reports and appropriate professional recommendations.
.22 Site Surveying services,to include:
.Ol Furnishing a survey by a licensed surveyor, describing the physical characteristics,legal limitations and utility locations
for the site of the Project,including a written legal description of the site
.02 Include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent
drainage; rights-of-way, restrictions, easements, encroachments,zoning, deed restrictions,boundaries and contours of
the site; locations,dimensions and necessary data pertaining to e}cisting buildings, other improvements and trees;and
information concerning available utility services and lines, both public and private, above and below gcade, including
invens and depths.All information shall be referenced to a project benchmark
DESIGN SERVICES
✓ .23 Architectural Design/Documentation:
.Ol During the Schematic Design Phase,responding to program requirements and preparing:
.O1 Review of Owner's Program and Budget
.02 Conceptual site and building plans
.03 Preliminary sections and elevations
.04 Preliminary selection of building systems and materials
.OS Development of appro�cimate dimensions,areas and volumes
A6_p�::t Pct�e�etch4Ps�
O�Stud3�m��P� s,l
.02 During the Design Development Phase consisting of continued development and expansion of architectural Schematic
Design Documents to establish the final scope,relationships,forms,size and appearance of the Project through:
.O1 Plans,sections and elevations
.02 Typical construction details
.03 Three-dimensional sketch(es)
.04 Study model(s)
.05 Final materials selection
A6 Equipment layouts.
.03 During the Contract Documents Phase consisting of preparation of Drawings based on approved Design Development
Documents setting forth in detail the architectural construction requirements for the Project.
AIA DOCUMENT 8163 • OWNER-ARCHITECT AGREEMENT FOR DES[GNATED SERVICES
AIA••OO 1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C. 20006-5292•WARNING: Unlicensed photocopying
14 B163-1993 violates U.S.copyright laws and will subJect the violator to legal prosecution.
.24 Structural Design/Documentation:
.Ol During the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems,
analyses,and development of conceptual design solutions for:
.O1 A predetermined structural system
A2 Alternate structural systems.
.02 During the Design Development Phase consisting of con[inued development of the specific structural system(s) and
Schematic Design Documents in sufficient detail to establish:
.Ol Basic structural system and dimensions
.02 Final struc[ural design criteria
.03 Foundation design criteria
.04 Preliminary sizing of major structural components
.OS Critical coordination clearances
.06 Outline Specifications or materials lists.
.03 During the Contract Documents Phase consisting of preparation of final structural engineering calculations,Drawings
and Specifications based on approved Design Development Documen[s, setting forth in detail the structural construc-
tion requirements for the Project.
.25 Mechanical Design/Documentation:
.Ol During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for:
.Ol Energy source(s)
.02 Energy consecvation
.03 Heating and ventilating
A4 Air conditioning
.05 Plumbing
.06 Fire protection
.07 General space requirements.
.02 During the Design Development Phase consisting of continued development and expansion of inechanical Schematic
Design Documents and development of outline Specifications or materials lists to establish:
.O1 ApproJcimate equipment sizes and capacities
.02 Preliminary equipment layouts
.03 Required space for equipment
.04 Required chases and clearances
.OS Acoustical and vibration control
.06 Visual impacts
.07 Energy conservation measures.
.03 During the Contract Documents Phase consisting of preparation of final mechanical engineering calculations,Drawings
and Specifications based on approved Design Development Documents,setting foRh in detail the mechanical construc-
tion requirements for the Project.
.26 Electrical Design/Documentation:
.O1 During the Schematic Design Phase consisting of consideration of alternate systems,recommendations regarding basic
electrical materials,systems and equipment,analyses,and development of conceptual solutions for:
.Ol Power sen�ice and distribution
.02 Lighting
.03 Telephones
.04 Fire detection and alarms
AIA DOCUMENT 8163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICFS
AIAm• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,wnSHttvc'rotv,�.c. 20006-5292•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 15
.05 Security systems
.06 Electronic communications
.07 Special electrical systems
.08 General space requirements.
.02 During the Design Development Phase consisting of continued development and expansion of electrical Schematic
Design Documents and development of outline Specifications or materials lists to establish:
A1 Criteria for lighting,electrical and communications systems
.02 Approximate sizes and capacities of major components
.03 Preliminary equipment layouts
.04 Required space for equipment
.OS Required chases and clearances.
.03 During the Contract Documents Phase consisting of preparation of final electrical engineering calculations, Drawings
and Specifications based on approved Design Development Documents, setting forth in detail the electrical require-
ments for the Project.
.27 Civil Design/Documentation:
.Ol During the Schematic Design Phase consisting of consideration of altemate materials and systems and development of
conceptual design solutions for:
.Ol On-site utility systems
.02 Fire protection systems
.03 Drainage systems
.04 Paving.
.02 During the Design Development Phase consisting of continued development and expansion of civil Schematic Design
Documents and development of outline Specifications or materials lists to establish the final scope of and preliminary
details for on-site and off-site civil engineering work
.03 During the Contract Documents Phase consisting of preparation of final civil engineering calculations, Drawings and
Specifications based on approved Design Development Documents, setting forth in detail the civil construction
requirements for the Project.
.28 Landscape Design/Documentation:
.Ol During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment and
development of conceptual design solutions for land forms,lawns and plantings based on program requirements,phys-
ical site characteristics,design objectives and environmental determinants
.02 During the Design Development Phase consisting of continued development and expansion of landscape Schematic
Design Documents and development of outline Speci6cations or materials lists to establish final scope and preliminary
details for landscape work
.03 During the Contract Documents Phase consisting of preparation of Drawings and Specifications based on approved
Design Development Documents,setting for[h in de[ail the landscape requirements for the Project.
.29 Interior Design/Documentation:
.Ol During the Schematic Design Phase consisting of space allocation and utilization plans based on functional relation-
ships,consideration of alternate materials,systems and equipment and development of conceptual design solutions for
architectural,mechanical,electrical and equipment requirements in order to establish:
.Ol Partition locations
.02 Furniture and equipment layouts
.03 Types and qualities of finishes and materials for furniture,furnishings and equipment.
AIA DOCUMENT B163 • OWNER-ARCHI'I'ECT AGREEMENT FOR DFSIGNATED SERVICES
AIA•• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C.z0006-5z92•WARNING: Unlicensed photocopying
16 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution:
.02 During the Design Development Phase consisting of continued development and expansion of interior Schematic
Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary
details relative to:
.O1 Interior construction of the Project
.02 Special interior design features
.03 Furniture,furnishings and equipment selections
.04 Materials,finishes and colors.
.03 During the Contract Documents Phase consisting of preparation of Drawings, Specifications and other documents
based on approved Design Development Documents,setting fonh in detail the requirements for in[erior construction
and for furniture,furnishings and equipment for the Project.
.30 Special Design/Documentation,includ;ng:
.O1 Preparation and coordination of special Drawings and Specifications for obtaining bids or prices on altemate subdivi-
sions of the Work
.02 Preparation and coordination of special Drawings and Specifications for obtaining alternate bids or prices on changes in
the scope of the Work
.03 Preparation and coordination of Drawings, Specifications, Bidding Documents and schedules for out-of-sequence
bidding or pricing of subdivisions of the Work
.04 Preparation and coordination of Drawings,Specifications and Bidding Documents for multiple prime contracts for sub-
divisions of the Work.
.31 Materials Research/Specifications:
.O1 During the Schematic Design Phase consisting of:
.Ol Identification of potential architectural materials,systems and equipment and their criteria and quality standards
consistent with the conceptual design
.02 Investigation of availability and suitability of altemative architectural materials,systems and equipment
.03 Coordination of similar activities of other disciplines.
.02 During the Design Development Phase consisting of activities by in-house architectural personnel in:
.O1 Presentation of proposed General and Supplementary Conditions of the Contract for Owner's approval
A2 Development of architectural outline Specifications or itemized lists and brief form identification of significant
architectural materials,systems and equipment,including their criteria and qualiry standards
.03 Coordination of similar activities of other disciplines
.04 Production of design manual including design criteria and oudine Specifications or materials lists.
.03 During the Contract Documents Phase consisting of activities of in-house archirectural personnel in:
.O1 Assistance to the Owner in development and preparation of bidding and procurement information which
describes the time, place and conditions of bidding, bidding forms, and the form(s) of Agreement between the
Owner and Contractor(s)
.02 Assistance to the Owner in development and preparation of the Conditions of the Contract (General, Supple-
mentary and other Conditions)
, .03 Development and preparation of architectural Specifications describing materials,systems and equipment,work-
manship,quality and performance criteria required for the construction of the Project
.04 Coordination of the development of Specifications by other disciplines
.05 Compilation of Project Manual including Conditions of the Contract, bidding and procurement information and
Specifications.
AIA DOCUMENT 8163 • OWVER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C. 20006-5292 •WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 17
BIDDING OR NEGOTIATION SERVICES
.32 Bidd'Ing Materiels services consisting of organizing and handling Bidding Documents for:
.Ol Coordination
.02 Reproduction
.03 Completeness review
.04 Distribution
.OS Distribution records
.06 Retrieval
.07 Receipt and return of document deposits
.08 Review,repair and reassembly of returned ma[erials.
.33 Addenda services consisting of preparation and distribution of Addenda as may be required during bidding or negotiation
and including supplementary Drawings, Specifications, instructions and notice(s) of changes in the bidding schedule and
procedure.
.34 Bidding/NegotiatiOn services consisting of:
.Ol Assistance to Owner in establishing list of Bidders or proposers
.02 Prequalification of Bidders or proposers
.03 PaRicipation in pre-bid conferences
.04 Responses to questions from Bidders or proposers and clarifications or interpretations of the Bidding Documents
.OS Attendance at bid opening(s)
.06 Documentation and distribution of bidding results.
.35 Analysis of Alternates/Substitutions consiscing of consideracion,analyses,comparisons,and recommendations relative to
alternates or substitutions proposed by Bidders or proposers either prior or subsequent to receipt of Bids or proposals.
.36 SpeCiel Bidding services consisting of:
.O1 Attendance at bid openings, participation in negotiations, and documentation of decisions for multiple contracts or
phased Work
.02 Technical evaluation of proposals for building systems
.03 Participation in detailed evaluation procedures for building systems proposals.
.37 Bld Eveluation services consisting of:
.Ol Validation of bids or proposals
.02 Participation in reviews of bids or proposals
.03 Evaluation of bids or proposals
.04 Recommendation on award of Contract(s)
.OS Participation in negotiations prior to or following decisions on award of the Contract(s).
.38 ContraCt Award services consisting of:
.Ol Notificatio�of Contract award(s)
.02 Assistance in preparation of construction contract Agreement forms for approval by Owner
.03 Preparation and distribution of sets of Contract Documents for execution by parties to the Contract(s)
.04 Receipt, distribution and processing, for Owner's approval, of required certificates of insurance, bonds and similar
documents
.OS Preparation and distribution to Contractor(s),on behalf of the Ow�er,of notice(s)to proceed with the Work.
AIA DOCUMENT B163 • OWIVER-ARCHITECT AGREF.MENT FOR DESIGNATF.'D SF.RVICES
AIA�• �01993•THE AMERICA.^I INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.c.z0006-�292 •WARNING: Unlicensed photocopying
18 6163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
CONTRACT ADMINISTRATION SERVICES
.39 Submittal Services consiscing of:
.Oi Processing of submittals,including receipt,review of,and appropriate action on Shop Drawings,Product Data,Samples
and other submittals required by the Contract Documents
.02 Distribution of submittals to Owner,Contractor and/or Architect's field representative as required
.03 Maintenance of master file of submittals
.04 Related communications.
.40 ObServation ServiCes consisting of visits to the site at intervals appropriate to the stage of the work or as otherwise agreed
by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and
to determine in general if the Work when completed will be in accordance with Contract Documents; preparing related
repons and communications.
.41 Project Representation consiscing of selection,employment and direction of:
.Ol Project Representative(s)whose specific duties,responsibilities and limitations of authority shall be as described in the
edition of AIA Document B352 current as of the date of this Agreement or as set forth in an e�ibit to be incorporated
in this Agreement under Article 1.6.
.42 TeStillg 811d InspeCtl017 Adml�lst�atl0�relating to independent inspection and testing agencies,consisting of:
A1 Administration and coordination of field testing required by the Contract Documents
.02 Recommending scope,standards,procedures and frequency of testing and inspections
.03 Arranging for testing and inspection on Owner's behalf
.04 Notifying inspection and testing agencies of status of Work requiring testing and inspection
.OS Evaluating compliance by testing and inspection agencies with required scope,standards,procedures and frequency
.06 Review of reports on inspections and tests and notifications to Owner and Contractor(s) of observed deficiencies in
the Work.
.43 Supplemental Documentation services consisung of:
.Ol Preparation,reproduction and distribution of supplemental Drawings,SpeciFications and interpretations in response to
requests for clarification by Contractor(s)or the Owner
.02 Forwarding Owner's instructions and providing guidance to the Contractor(s) on the Owner's behalf relative to
changed requirements and schedule revisions.
.44 Quotation Requests/Change Orders consiscing of:
.O1 Preparation, reproduction and distribution of Drawings and Specifications to describe Work to be added, deleted
or modified
.02 Review of proposals from Contractor(s)for reasonableness of quantities and costs of labor and materials
.03 Review and recommendations relative to changes in time for Substantial Completion
.04 Negotiations with Contractor(s)on Owner's behalf relative to costs of Work proposed to be added,deleted or modified
.05 Assisting in the preparation of appropriate Modifications of the Contract(s)for Construction
.06 Coordination of communications,approvals,notifications and record-keeping relative to changes in the Work.
.45 Contract Cost Accounting services consisting of:
.O1 Maintenance of records of payments on account of the Contract Sum and all changes thereto
.02 Evaluation of Applications for Payment and certification thereof
.03 Review and evaluation of expense data submitted by the Contractor(s) for Work performed under cost-plus-fee
arrangements.
AIA DOCUMENT 8163 • OWNF.R-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• 01993•THE AMF.RICAN]NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENOF„
N.W.,WASHINGTON, D.C. 20006-5292 •WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 19
.46 Furniture, Furnishings and Equipment Installation Administration consiscing of:
.O1 Assistance to the Owner in coordinating schedules for delivery and installation of the Work
.02 Review of final placement and inspection for damage, yualiry, assembly and function to determine that furniture, fur-
nishings and equipment are in accordance with the requirements of the Contract Documents.
.47 Interpretations and Decisions consiscing of:
.O1 Review of claims,disputes or other matters between the Owner and Contractor relating to the execution or progress of
the Work as provided in the Contract Documents
.02 Rendering written decisions within a reasonable time and following the procedures set forth in the General Conditions
of the Contract for Construction,AIA Document A201,current as of the date of this Agreeement,or the General Condi-
tions of the Contract for Furniture, Fumishings and Equipment, AIA Document A271, curre�t as of the date of this
Agreement,for Resolution of Claims and disputes.
.48 ProjeCt ClOseOUt services initiated upon notice from the Contractor(s)that the Work,or a designated portion thereof which
is acceptable to the Owner,is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or uti-
lization for the use for which it is intended,and consisting o£
.O1 A detailed inspection with the Owner's representative for conformiry of the Work to the Contract Documents to verify
the list submitted by the Co�trac[or(s)of items to be completed or corrected
.02 Determination of the amounts to be withheld until final completion
.03 Securing and receipt of consent of surety or sureties,if any,to reduction in or partial release of retainage or the making
of final payment(s)
.04 Issuance of Certificate(s)of Substantial Completion
.OS Inspection(s)upon notice by the Contractor(s)that the Work is ready for final inspection and acceptance
.06 Notification to Owner and Contractor(s)of deficiencies found in follow-up inspection(s),if any
.07 Final inspection with the Owner's representative to verify final completion of the Work
.OS Receipt and transmittal of warranties,affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner
against liens
.09 Securing and receipt of consent of surety or sureties,if any,to the making of final payment(s)
.10 Issuance of final Certificate(s)for Payment.
POST-CONTRACT SERVICES
.49 Maintenance and Operational Programming services consis�ing of:
.O1 Assistance in the establishment by the Owner of in-house or contract program(s) of operation and maintenance of the
physical plant and eyuipment
.02 Arranging for and coordinating instructions on operations and maintenance of eyuipment in conjunction with manufac-
turer's representatives
.03 Assistance in the preparation of operations and maintenance manual(s)for the Owner's use.
.50 Start-Up Assistance consis�ing of:
.O1 On-site assistance in the operation of building systems duri�g initial occupancy
.02 Assistance in the training of the Owner's operation and maintenance personnel in pro�er operations, schedules and
procedures
.03 Admi�istration and coordination of remedial work by the Contracror(s)af[er final completion.
.51 ReCOrd Drewing secvices consisting of:
.01 Making arrangements for obtaining from Contractor(s) information in the form of marked-up prints, drawings and
other data certified by them on changes made during performance of the Work
.02 Review of general accuracy of informa[ion submitted and certified by the Contractor(s)
03 Preparation of record drawings based on certified information furnished by the Contractor(s)
.04 Transmittal of record drawings and general data,appropriately identified,to the Owner and others as directed.
AIA DOCUMENT 6163 • OWNF.R-ARCHITECT AGREEMENT FOR DF.SIGhATF.D SF.RVICES
AIAx• �01993•7'HF.AMERICAN INSTITUTE OF ARCH[TEC7'S, 1735 NEW YORK AVF.NUE,
N.W.,WASHINGTON,D.C. 20006-5292•WARNING: Unlicensed photocopying
20 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
.52 Warranty Review consisting of:
.O1 Consultation with and recommendation to the Owner during the duration of wananties in connection with inadequate
performance of materials,systems and equipment under warranty
.02 Inspection(s) prior to expiration of the warranty period(s) to ascertain adequacy of performance of materials,systems
and equipment
.03 Documenting defects or deficiencies and assisting the Owner in preparing instructions to the Contractor(s) for correc-
tion of noted defects.
.53 POSt-CO�t�eCt Evalueti0� consisting of a Project inspection at least one year afrer completion of the Work; review with
appropriate supervisory,operating and maintenance personnel,and analysis of operating costs and related data for evaluation
of:
.O1 The initial Project programming versus actual facility use
.02 The functional effectiveness of planned spaces and relationships
.03 The operational effectiveness of systems and materials installed.
ARTICLE 2.4
DESCRIPTIONS OF SUPPLEMENTAL SERVICES
SUPPLEMENTAL SERVICES
.54 SpeCial Stud'leS consisting of investigation, research and analysis of the Owner's special requirements for the Project and
documentation of findings,conclusions and recommendations for:
.Ol Ivlaster planning to provide design services relative to future facilities,systems and equipment which are not intended
to be constructed as part of the Project during the Construction Phase
.02 Providing special studies for the project such as analyzing acoustical or lighting requirements, record retention, com-
munications and security systems.
.55 Tenent-Releted SeNICes consisting of design and documentation services for tenants or potential tenants relating to:
.Ol Space planning,partition and furnishings locations,and furniture and equipment layouts
.02 Material and color selections and coordination
.03 Adaptation of inechanical,electrical and other building systems to meet tenant needs
.04 Preliminary estimate of Construction Cost.
.56 SpeClal Fu��IShiflgS De3ign services relating to Architect-designed special furnishings.uidlor eq�ipment incorporatec�into
or provided for the Project and consisting of:
.Ol Design and documentation
.02 Specifications or standards
.03 Management of procurement
.04 Coordination of installation
.OS Purchase on the Owner's behalf.
.57 Fu�niture, Furnlsh111gS a11d Equlpment ServICeS relating to equipment and furnishings not incorporated inta�he con-
struction of the Project and consisting of:
.Ol Establishment of needs and criteria
.02 Preparation of requirements,Specifications and bidding or purchasing procedures
.03 Management of procurement
.04 Coordination of delivery and installation.
AIA DOCUMENT 8163 • OWNER-ARCHI7'ECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C.20006-5292-WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. 6163-1993 21
.58 Special Disciplines Consultation, which entails retaining, directing and coordinating the work of special disciplines
consultants identified from the following list and as more specifically described in Article 1.6, whose specialized training,
experience and knowledge relative to specific elements and features of the Project are required for the Project:
.Ol Acoustics .14 Elevators/Escalators .27 Public Relations
.02 Audio-Visual .15 Fallout Shelters .28 Radiation Shielding
.03 CPM Scheduling .16 Financial .29 Real Estate
.04 Code Interpretation .17 Fire Protection .30 Reprographics
.05 Communications .18 Food Sen�ice .31 Safety
.06 Computer Technology .19 Insurance .32 Sociology
.07 Concrete .20 Historic Prese�vation .33 Soils/Foundations
.08 Cost Estimating .21 Legal .34 Space Planning
.09 Demography .22 Life Safety .35 SpeciHcations
10 Display .23 Lightning .36 Traffic/Parking
.11 Ecology .24 Management .37 TranspoRation
.12 Economics .25 Materials Handling .38 Security
.13 Editorial .26 Psychology .39 Record Retention
.59 SpeCial Building Type ConsultatiOn,which entails retaining,directing and coordinating the work of special building type
consultants whose specialized training, experience and knowledge relative to the requirements, planning and design of the
Project are required for the Project.
.60 Fine Arts and Crafts services relating to acquisi[ion of fine arts or crafrs to be a part of the Project and consisting of:
.Ol Consultations on selection,commissioning and/or execution
.02 Design integration
.03 Managing procurement
, A4 Purchasing Fine arts or crafts on the Owner's behalf.
II' . 1 Gr'a hiC Desi n services consistin of:
6 p g g
li .O1 Design and selection of interior and exterior signs and identifying symbols
I, .02 Material and color selections and coordination
I .03 Documentation of requirements for procurement of graphics work
I .04 Managing procurement of graphics work
�� .05 Coordination of delivery and installation.
I .62 Renderings relating to graphic pictorial representations, as required by the Owner, of the proposed Project and consist-
ing of:
�! .Ol Black and white elevation view(s)
i .02 Black and white perspective view(s)
I .03 Elevation view(s)in color
.04 Perspective view(s)in color.
I, .63 Model ConstruCtion consisting of preparation of:
' .O1 Small-scale block model(s)showing relationship of structure(s)to site
I .02 Moderate-scale block model(s)of structure(s)designed for[he Project
', •03 Moderate-scale detailed model(s)of structure(s)designed for the Project showing both interior and exterior design
, .04 Iarge-scale models of designated interior or exterior components of the Project.
I .64 Still Photography consisting of:
I .O1 Documentation of existing conditions
li, .02 Aerial site photography
.03 Photographic recording for study purposes of facilities similar to the Project
il
I AIA DOCUMENT 8163 • OWNF.R-ARCHITECT AGREF.MENT FOR DESIGNATF.D SERV[CES
' AIA�• �01993•THE AMERICAN[NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
�, N.W.,WASHINGTON,D.C. 20006-5292 •WARNING: Unlicensed photocopying
22 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
.04 Periscopic photography of models for the Project
.OS Presentation photography of renderings(s)and model(s)for the Project
.06 Construction progress photography
.07 Architectural photography of the completed Project.
.65 MOtIOn PICtu�e e�d Vld@Otape services relating to preparation of promotional or explanatory presentations of the Project
during the design and/or construction phases.
.66 Life CyCle COst AnalySis consisting of assessment, on the basis of established relevant economic consequences over a
given time period,of:
.O1 A given planning and design solution for the Project
.02 Alternative planning and design solutions for the Project
.03 Selected systems,subsystems or building components proposed for the Projec[.
.67 Velu@ AnalySls consisting of the review during design phases of the cost, quality and time influences of proposed building
materials, systems and construction methods relative to design objectives in order to identify options for obtaining value for
the Owner.
.68 Energy Stud'IeS consisting of special analyses of inechanical systems, fuel costs, on-site energy generation and energy con-
servation options for the Owner's consideration.
.69 Duantity Surveys cons;s�ing of:
.O1 A detailed determination of the quantities of materials to be used in the Project to establish the basis for price determi-
nation by bidding or negotiations
A2 Making investigations, inventories of materials or furniture, furnishings and equipment, or valuations and detailed
appraisals of e�cisting facilities,furniture,furnishings and equipment,and the relocation thereof.
JO Detailed Cost Estimating sen�ices consisung of:
.O1 Development, when the Contract Documents are appro�cimately 90% complete, of a Detailed Estimate of the Cost of
the Work based on quantity take-offs and unit-cost pricing of materials, labor, tools, equipment and services required
for the Work plus estimates for the Contractor's supervision cost,Work required by General and Supplementary Condi-
tions,and an allowance for reasonable Contractor's overhead and profit;or
.02 Continuous development during all phases of design and documentation, of an Estimate of the Cost of the Work for
the purpose of greater cost control,culminating in a Detailed Estimate of the Cost of the Work or detailed quantiry sur-
veys or inventories of material,equipment and labor.
.71 Environmental Monitoring services consis�ing of:
.O1 Monitoring of air,water and other designated components of the environment to establish existing conditions,and the
preparation of related analyses and reports.
.72 Expert Witness services consisting of preparing to serve and/or serving as an expen witness in connection with any public
hearing,arbitration proceeding or legal proceeding.
.73 Mate�ialS and Systems Testing relating to testing of components of the completed Project for conformance with Contract
requirements and consisting of:
.Ol Establishment of requireme�ts
.02 Procurement of testing services
.03 Monitoring testing
.04 Review,analysis and reporting of test results.
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C.20006-5292 •WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 23
.74 Demolition Services consis�ing of:
.O1 Preparation of Contract Documents for demolition of existing structures
.02 Managing the bidding/negotiation/award process
.03 Providing field observation and general administration services during demolition.
.75 MOCk-Up ServlCes relating to the construction of full-size details of components of the Project for study and testing during
the design phases and consisting of:
.Ol Design and documentation for the required mock-up(s)
.02 Management and coordination of pricing and contracting for mock-up services
.03 Construction administration of mock-up construction activities
.04 Arrangements for testing and monitoring performance of mock-up(s)
.OS Administration of testing and monitoring services
.06 Review,analysis and reporting of results of testing and monitoring se�vices.
.76 COOrdinatlon of Designated ServiCeS with those of non-design professionals, such as economists,sociologists,attorneys
and accountants,consiting of:
.Oi Preparation of economic studies
.02 Condominium documentation
.03 Sociological impact studies.
.77 Furniture, Furnishings and Equipment Purchasing/Installation,consiscing of:
.O1 Purchasing fumiture,furnishings and equipment on behalf of the Owner with funds provided by the Owner
.02 Receipt,inspection and acceptance on behalf of the Owner of furniture,furnishings and equipment at the time of their
delivery to the premises and installation
.03 Providing secvices including travel for the purpose of evaluating materials, fumiture, furnishings and equipment pro-
posed for the Project.
.78 COmput@I' AppUCetlOns consisting of computer program development and/or computer program search and acquisition,
plus on-line computer time charges,for:
.O1 Programming .06 Detailed Project scheduling .10 Mechanical analysis and design
.02 Economic feasibility .07 Market analysis .11 Electrical analysis and design
.03 Financial analysis .OS Architectural analysis and design 12 Production of Drawings
.04 Site analysis .09 Structural analysis and design 13 Construction cost accounting
.OS Construction cost estimating
.79 Project Promotion/Public Relations relating to presentation of the Project to the public or identified groups and consist-
ing of:
.O1 Preparation of press releases
.02 Preparation of special brochures and/or promotional pieces
.03 Assistance in production and distribution of promotional materials
.04 Presentations at public relations and/or promotional meetings.
.80 Leasing Brochures,including preparation of special materials to assist the Owner in leasing the Project and consisting of:
.Ol Design
.02 Preparation of illustrations and text
.03 Arranging for and managing production.
.81 Pre-Contract Administration/Management,consiscing of:
.O1 Evaluating feasibiliry of Owner's program,schedule and budget for the Work,each in terms of the other
.02 Preparing,updating and monitoring Detailed Project Schedule,including services and contract Work,identifying critical
and long-lead items
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,�.c. z0006-5z9z•WARNING: Unlicensed photocopying
24 8163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
.03 Preparing, updating and monitoring Detailed Estimates of the Cost of the Work prior to completion of each design
phase
.04 Assisting the Owner in selecting, retaining and coordinating the professional services of surveyors, testing labs and
other special consultants as designated
.OS Assisting the Owner in evaluating relative feasibility of inethods of executing the Work, methods of project delivery,
availabiliry of materials and labor, time requirements for procurement, installation and delivery, and utilization of the
site for mobilization and staging
.06 Assisting the Owner in determining the method of contracting for the Work; evaluating single versus multiple con-
tracts;advising on categories of separate contracts and provisions for coordinating responsibilities.
.82 Extended Bidding services,consisting of:
.O1 Developing Bidders'interest in the Project and establishing bidding schedules
.02 Receiving and analyzing bids and providing recommendations as to the Owner's acceptance or rejection ofbids
.03 Advising the Owner on acceptance of Contractors
.04 Conducting pre-award conferences.
.83 Extended Contract Administration/Management,consiscing of:
.O1 Assisting Owner in obtaining building permits
.02 Updating and monitoring actual costs against estimates of final cost;assisting Owner in monitoring cash flow
.03 Providing a detailed schedule showing time periods for each Contractor, including long-lead items and Owner's occu-
pancy requirements;updating and monitoring periodically;recommending corrective action when required
A4 Endeavoring ro achieve satisfactory performance of Contractors through development and implementation of a quality
control program;assisting Owner in determining compliance with schedule,cost and Contract Documents
.OS Scheduling and conducting periodic project meetings with the Owner,Contractor and Subcontractors
.06 Assisting Owner in maintaining cost accounting records
.07 Maintaining a daily log including conditions at site and job progress,periodically indicating percentage of completion of
each contract
.08 Assisting the Owner in coordinating and scheduling activities of the separate Contractors.
.09 Maintaining and periodically updating a record of all significant changes made during construction;maintaining record
copies of Contract Documents;maintaining samples and lay-out drawings at the job site.
AIA DOCUMENT 6163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm•OO 1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C. 20006-5292•WARNING: Unlicensed photocopying
vlolates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 25
AIA Document B163—P�T 3
TERMS AND CONDITIONS
of the Agreement Between Owner and Architect
for Designated Services
ARTICLE 3.1 by failure of performance of any of them under their respec-
tive contracts.
ARCHITECT'S RESPONSIBILITIES
3.1.2.5 CorreCtiOn Period. Advice and consultation to the
3.1.1 DeSignated ServlCes.Unless otherwise provided, the Owner during the correction period described in the Con-
Architect's designated secvices consist of those services identi- tracts for Construction or for Furniture, Furnishings and
fied in the Schedule of Designated Services as being per- Equipment.
formed by the Architect,Architect's employees and Architect's
consultants, and as described in the Descriptions of Desig- 3.1.2.6 Purchasing of Furniture, Furnishings and
nated Services. Equipment by the ArChit@Ct. If the Owner and Architect
agree that the Architect will purchase furniture, furnishings
3.1.2 Contingent Additional Services. Contingent Addi- and equipment on behalf of the Owner with funds provided by
tional Services described in Subparagraphs 3.1.2.1 through the Owner, the duties relating to such services shall be set
3.1.2J are not included in the Architect's Designated Services, forth in Article 1.6 of this Agreement.The Owner shall provide
' but may be required due to circumstances beyond the Archi- and maintain working funds with the Architect, if required, to
', tect's control. The Architect shall notify the Owner prior to pay invoices charged to the Project for materials and fumish-
I commencing such services. If the Owner deems that such ser- ings,to secure cash discounts and for required deposits.
vices are not required, the Owner shall give prompt written
II notice to the Architect. If the Owner indicates in writing that 3.1.2.7 Services Related to Separate Consultants. The
all or part of such Contingent Additional Services are not Architect shall provide information to and incorporate infor-
Irequired, the Architect shall have no obligation to provide mation received in a timely manner from those separate
� those secvices. consultants retained by the Owner and identified in this Agree-
ment whose activities direcdy relate to the Project.
3.1.2.1 DoCument Revis'tonS. Services required to revise
I Drawings, Specifications or other documents when such revi-
Isions are:
i .1 inconsistent with approvals or instructions previously ARTICLE 3.2
� given by [he Owner, including revisions made neces- OWNER'S RESPONSIBILITIES
isary by adjustments in the Owner's program or Project
budget; 3.2.1 Repl'ese�tetive. The Owner shall designate a repre-
� sentative authorized to act on the Owner's behalf with respect
� .2 required by the enactment or revision of codes, laws to the Project. The Owner or such authorized representative
or regulations subsequent to the preparation of such shall render decisions in a timely manner pertaining to docu-
documents;or ments submitted by the Architect in order to avoid unreason-
able delay in the orderly and sequential progress of the
j .3 due to changes required as a result of the Owner's fail- Architect's services.
' ure to render decisions in a timely manner.
i 3.2.2 NOtICe. Prompt written notice shall be given by the
I3.1.2.2 Chenges in Project Scope. services required Owner to the Architect if the Owner becomes aware of any
� because of significant changes in the Project including,but not fault or defect in the Project or nonconformance with the Con-
I limited to, size, quality, complexity, the Owner's schedule, or tract Documents.
ithe method of bidding or negotiating and contracting for 3.2.3 Designated Services. The Owner's responsibilities
construction, except for services required under Subpara-
j graph 1.6. consist of those services identified in the Schedule of Desig-
nated Services as being performed by the Owner, Owner's
I employees and Owner's consultants.
; 3.1.2.3 Replacement of Damaged Work. Consul�a�ion
'� concerning replacement of Work damaged by fire or other 3.2.4 InfO�matiOn.The Owner shall provide full information
j cause during construction, and furnishing services required in regarding requirements for the Project.
� connection with the replacement of such Work.
, 3.2.5 Owner's Financial Arrangements. If reques�ed by
3.1.2.4 Defeult by Othe�s. Services made necessary by the Architect, the Owner shall furnish evidence that financial
� the default of the Owner's consultants or the Contractor, by arrangements have been made to fulfill the Owner's obliga-
imajor defects or deficiencies in their services or the Work, or tions to the Architect under this Agreement.
I AIA DOCUMENT 6163 � OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERViCES
� AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
i tv.w.,wnsHitvG'rotv,D.C.20oo6-5z9z•WARNING: Unlicensed photocopying
26 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
3.2.6 Tests, Inspections and Reports Furnished by 3.3.1.2 Interpretations and Decisions: Form and Intent.
OWne�.The Owner shall furnish structural,mechanical,chem- Interpretations and decisions of the Architect shall be consis-
ical,air and water pollution tests,tests for hazardous materials, tent with the intent of and reasonably inferable from the Con-
and other laboratory and environmental tests,inspections and tract Documents and shall be in writing or in the form of
reports required by law or the Contract Documents, or unless drawings. When making such interpretations and initial deci-
otherwise provided in this Agreement. sions, the Architect shall endeavor to secure faithful perform-
ance by both Owner and Contractor, shall not show partiality
3.2.7 Legal, Accounting and Insurance Services Fur- to either, and shall not be liable for the results of interpreta-
nished by Owner.The Owner shall furnish all legal,account- tions or decisions so rendered in good faith.
ing and insurance counseling services required for the Project,
including auditing services the Owner may require to verify 3.3.1.3 DeCISiO�S On AesthetlC EffeCt.The Architect's deci-
the Contractor's Applications for Payment or to asceRain how sions on matters relating to aesthetic effect shall be final if con-
or for what Furposes the Contractor has used the money paid sistent with the intent expressed in the Contract Documents.
by or on behalf of the Owner.
3.3.1.4 ArchitecYs Decisions Subject to Arbitration.The
3.2.8 Space Arrangements. The Owner shall provide suit- �chitect's decisions on claims, d�isputes or other mat[ers,
able space for the receipt,inspection and storage of materials, �ncluding those in question between the Owner and Contrac-
tor,except for those relating to aesthetic effect as provided in
furniture,furnishings and equipment. Clause 3.3.1.3,shall be subject to arbitration as provided in this
Agreement and in the Contract Documents.
3.2.9 Removal of Existing FaCilities. The Owner shall be
responsible for the relocation or removal of eacisting facilities, 3.3.2 Duration of Contract Administration Phase. The
furniture, furnishings and equipment, and the contents Architect's responsibility to provide services for the Contract
thereof,unless otherwise provided by this Agreement. Administration Phase under this Agreement commences with
the award of the initial Contract for Construction or for Fur-
3.2.10 Responsibility for Services. The drawings, speciFi- niture, Furnishings and Equipment, and terminates at the ear-
cations, services, information, surveys and reports required of lier of the issuance to the Owner of the final Certificate for
the Owner under the Agreement shall be furnished at the Payment or 60 days aher the date of Substantial Completion of
Owner's expense, and the Architect shall be entitled to rely the Work.
upon the accuracy and completeness thereof.
3.3.3 COntreCt(s)for the WOrk.The Architect shall provide
3.2.11 CertIflCBteS 8�d CePtifiCatiO�s. The proposed lan- administration of Contract(s) for Construction or Furniture,
guage of certificates or cenifications requested of the Architect Furnishings and Equipment as set forth below and in the
or Architect's consultants shall be submitted to the Architect edition of AIA Document A201, General Conditions of the
for review and approval at least 14 days prior to execution.The Contract for Construction, or AIA Document A271, General
Owner shall not request certifications that would require Conditions of the Contract for Furniture, Furnishings and
knowledge or services of the Architect or the Architect's Con- Equipment,current as of the date of this Agreement.
sultants beyond the scope of this Agreement. 3.3.4 Modification of Responsibilities.Ducies,responsibil-
ities, and limitations of authority of the Architect shall not be
3.2.12 Communications and Security Systems. The restricted, modified or extended without written agreement of
Owner shall contract for all temporary and permanent tele- the Owner and Architect with the consent of the Contractor;
phone, communications and security systems required for which consent shall not be unreasonably withheld.
the Project so as not to delay the performance of the Archi-
tect's services. 3.3.5 Authority of ArChiteCt.The Architect shall be a repre-
sentative of and shall advise and consult with the Owner
(1) during the Contract Administration Phase, and (2) by an
amendment to this Agreement, from time to time during the
ARTICLE 3.3 correction period described in the Contract for Construction.
The Architect shall have authority to act on behalf of the
CONTRACT ADMINISTRATION Owner only to the extent provided in this Agreement unless
otherwise modified by written instrument.
3.3.1 Genel'81. The following terms and conditions shall
apply to the relevant Contract Administration Phase ser- 3.3.6 CONSTRUCTION OBSERVATION SERVICES
vices, if any, as may be included in the Schedule of Desig- 3.3.6.1 ArChitecYs RespOnsibility for Observetion. On
nated Services. the basis of on-site observations as an architect, the Architect
shall keep the Owner informed of the progress and quality of
3.3.1.1 Interpretations and Decisions: Timing. To che che Work, and shall endeavor to guard the Owner against
extent that the following services of the Architect have been defects and deficiencies in the Work. The Architect shall not
designated in the Schedule of Designated Services, the Archi- be required to make exhaustive or continuous on-site inspec-
tect shall interpret and decide matters concerning perform- tions to check the qualiry or quantity of the Work.
ance of the Owner and Contractor under the requirements of
the Contract Documents on written request of either 3.3.6.2 Project Representation. The furnishing of Projecc
the Owner or Contractor. The Architect's response ro such representation services shall not modify the rights,responsibil-
requests shall be made with reasonable promptness and ities or obligations of the Architect as described elsewhere in
within any time limits agreed upon. this Agreement.
AIA DOCUMENT 6163 • OWNER-ARCHITECT AGRF.EMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENLE,
N.W.,wnsxirrcrorr,D.C. 20006-5292•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legai prosecution. B163-1993 27
3.3.6.3 Means and Methods. The archicec� shalt noc have 3.3.8 INSPECTION AND TESTING
control over or charge of and shall not be responsible for con- ADMINISTRATION SERVICES
struction means, methods, techniyues, sequences or proce- 3.3.8.1 RejeCtiOn Of WO�k, Except as provided in Subpara-
dures, or for safety precautions and programs in connection graph 3.3.83, the Architect shall have authority to reject Work
with the Work, since these are solely the Contractor's respon- which does not conform to the Contract Documents. When-
sibility under the Contract for Construction and the Contract ever the Architect considers it necessary or advisable for imple-
for Furniture, Furnishings and Equipment. The Architect shall mentation of the intent of the Contract Documents, the
not be responsible for the Contractor's schedules or failure to �-chitect will have authoriry to require additional inspection or
carry out the Work in accordance with the Contract Docu- testing of the Work in accordance with the provisions of the
ments. The Architect shall not have control over or charge of Contract Documents, whether or not such Work is fabricated,
acts or omissions of the Contractor, Subcontractors, or their installed or completed. However, neither this authority of the
agents or employees,or of any other persons performing por- �-chitect nor a decision made in good faith either to exercise
tions of the Work. or not to exercise such authority shall give rise to a duty or
3.3.6.4 ACC@SS to WO�k.The Architect shall at all times have responsibility of the Architect to the Contractor, Subcontrac-
access to the Work wherever it is in preparation or progress. tors, material and equipment suppliers, their agents or
employees or other persons performing portions of the Work.
3.3.6.5 CommuniCations. F�ccept as may otherwise be pro-
vided in the Contract Documents or when direct communi- 3.3.8.2 Review and Inspeetion of Work. The nrchicecc
cations have been specially authorized, the Owner and shall review final placement and inspect for damage, quality,
Contractor shall communicate through the Architect. Commu- assembly and function in order to determine that furniture,
nications by and with the Architect's consultants shall be furnishings and equipment are in accordance with the require-
through the Architect. ments of the Contract Documents.
3.3.6.6 MI�O� Ch811ges.The Architect may authorize minor 3.3.8.3 Rejection of Work Involving Furniture, Furnish-
changes in the Work not imobing an adjustment in Contract ings and Equipment. Unless otherwise designated, the
Sum or an extension of the Contract Time which are not �'chitect's duties shall not extend to the receipt, inspection
inconsistent with the intent of the Contract Documents. and acceptance on behalf of the Owner of furniture, furnish-
ings and equipment at the time of their delivery to the
3.3.6.7 Coordination of Furniture,Furnishings and Equip- premises and installation. The Architect is not authorized to
ment Delivery and Installation. vvhen che.a,rch;cec� assiscs rejea nonconforming furniture, furnishings and equipment,
the Owner in coordinating schedules for delivery and installa- s�gn Change Orders on behalf of the Owner,stop the Work,or
tion of furniture, furnishings and equipment, the Architect terminate a Contract on behalf of the Owner. However, the
shall not be responsible for malfeasance, neglect or failure of �'chitect shall recommend to the Owner rejection of furni-
a Contractor, Subcontractor, Sub-subcontractor or material ture, furnishings and equipment which does not conform to
supplier to meet their schedules for completion or to perform the Contract Documents. Whenever the Architect considers it
their respective duties and responsibilities. necessary or advisable for implementation of the intent of the
Contract Documents, the Architect will have authority to
3.3.7 COST ACCOUNTING SERVICES require additional inspection or testing of furniture, furnish-
ings and equipment in accordance with the provisions of the
3.3.7.1 CertifiCates for Payment.If certification of the Con- Contract Documents, whether or not such furniture, furnish-
tractor's Applications for Payment is required by this Agree- ings and equipment is fabricated,installed or completed.
ment, the Architect's ceniFication for payment shall constitute
a representation to the Owner,based on the Architect's obser- 3.3.9 SUBMITTAL SERVICES
vations at the site as provided in Subparagraph 33.6.1 and on
the data comprising the Contractor's Application for Payment, 3.3.9.1 Submittal Revlew. To the extent required by this
that the Work has progressed to the point indicated and that, Agreement, the Architect shall review and approve or take
to the best of the Architect's knowledge, information and other appropriate action upon Contractor's submittals such as
belief, the quality of the Work is in accordance with the Con- Shop Drawings, Product Data and Samples, but only for the
tract Documents.The foregoing representations are subject to limited purpose of checking for conformance with information
an evaluation of the Work for conformance with the Contract g�ven and the design concept expressed in the Contract Docu-
Documents upon Substantial Completion, to results of sub- ments. The Architect's action shall be taken with such reason-
sequent tests and inspections, to minor deviations from the able promptness as to cause no delay in the Work or in the
Contract Documents correctable prior to completion and to construction of the Owner or of separate contractors, while
specific qualifications expressed by the Architect. allowing sufficient time in the Architect's professional judg-
ment to permit adequate review.
3.3.7.2 LimitBtions. The issuance of a Certificate for Pay-
ment shall not be a representation that the Architect has (1) 3.3.9.2 LlmltetiOns. Review of such submittals is not con-
made exhaustive or continuous on-site inspections to check ducted for the purpose of determining the accuracy and com-
the quality or quantity of the Work, (2)reviewed means,meth- pleteness of other details such as dimensions and quantities or
ods, techniques, sequences or procedures, (3) reviewed for substantiating instructions for installation or performance
copies of requisitions received from Subcontractors and mate- of equipment or systems designed by the Contractor, all of
rial suppliers and other data reqUested by the Owner to sub- which remain the responsibility of the Contractor to the extent
stantiate the Contractor's right to payment or (4) ascertained required by the Contract Documents. The Architect's review
how or for what purpose the Contractor has used money pre- shall not constitute approval of safety precautions or, unless
viously paid on account of the Contract Sum. otherwise specifically stated by the Architect, of construction
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA•• 01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.c. z0006-5292•WARNING: Unlicensed photocopying
28 B163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
means, methods, techniques, sequences or procedures. The 3.5.1.3 ItemS ExCluded. The Cost of the Work does not
Architect's approval of a specific item shall not indicate include the compensation of the Architect and the Owner's or
approval of an assembly of which the item is a component. Architect's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the
3.3.10 Re118nCe o11 ProfesslO�al CertlflCatiOn.When pro- Owner as provided in Article 3.2.
fessional certification of performance characteristics of mate-
rials, systems or equipment is required by the Contract 3.5.2 RESPONSIBILITY FOR COST OF THE WORK
Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or equip- 3.5.2.1 Limitation of Responsibility. Evaluacions of che
ment will meet the performance criteria reyuired by the Con- Owner's Project budget, preliminary estimates of the Cost of
tract Documents. the Work and detailed estimates of the Cost of the Work, if
any, prepared by the Architect, represent the Architect's best
judgment as a design professional familiar with the con-
struction industry. It is recognized, however, that neither the
ARTICLE 3.4 Archirect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of
USE OF PROJECT DRAWINGS, determining bid prices,or over competitive bidding,market or
SPECIFICATIONS AND OTHER DOCUMENTS negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices
3.4.1 ArChIteCYS Reserv@d Rlghts.The Drawings, Specifi- will not vary from the Owner's Project budget or from any esti-
cations and other documents prepared by the Architect for mate of the Cost of the Work or evaluation prepared or agreed
this Project are instruments of the Architect's service for use to by the Architect.
solely with respect to this Project and, unless otherwise pro-
vided,the Architect shall be deemed the author of these docu- 3.5.2.2 Fixed Limit of the Cost of the Work.lf a fi�ed I�mic
ments and shall retain all common law, statutory and other of the Cost of the Work has been established, the Architect
reserved rights,including the copyright. shall be permitted to include contingencies for design,bidding
and price escalation, to determine what materials, furniture,
3.4.2 L'ImltetiOns On Use.The Owner shall be permitted to furnishings and equipment, component systems and types of
retain copies, including reproducible copies, of the Project constr�ction are to be included in the Contract Documents,to
Drawings, Specifications and other documents for information make reasonable adjustments in the scope of the Project and
and reference in connection with the Owner's use and occu- to include in the Contract Documents alternate bids to adjust
pancy of the Project. The Project Drawings, Specifications or the Cost of the Work to the fixed limit.Fixed limits,if any,,shall
other documents shall not be used by the Owner or others on be increased in the amount of an increase in the Contract Sum
other projects, for additions to this Project or for completion occurring after execution of the Contract for Construction.
of this Project by others,unless the Architect is adjudged to be
in default under this Agreement, except by agreement in writ- 3.5.2.3 Adjustments. If the Bidding or Negotiation Phase
ing and with appropriate compensation t�the Architect. has not commenced within 90 days after the Contract Docu-
ments are submitted to the Owner,the Project budget or fixed
3.4.3 Unpublished Wo1'kS. Submission or distribution of limit of the Cost of the Work shall be adjusted to reflect
documents to meet official regulatory requirements or for changes in the general level of prices in the construction
similar purposes in connection with the Project is not to be �ndustry between the date of submission of the Contract Doc-
construed as publication in derogation of the Architect's uments to the Owner and the date on which bids or negoti-
reserved rights. ated proposals are sought.
3.5.2.4 Owner's Responsibility to Meet Fixed Limit. If a
fixed limit of the Cost of the Work (adjusted as provided in
Subparagraph 3.5.2.3) is exceeded by the lowest bona fide bid
ARTICLE 3.5 or negotiated proposal,the Owner shall:
COST OF THE WORK .1 give written approval of an increase in such fixed limit;
3.5.1 DEFINITION .2 authorize rebidding or renegotiation of the Project
within a reasonable time;
3.5.1.1 TOt81 COSt. The Cost of the Work shall be the total
cost or estimated cost to the Owner of all elements of the Pro- .3 if the Project is abandoned, terminate in accordance
ject to be included in the Contract Documents. with Paragraph 3.9;or
3.5.1.2 Items I�Clud@d. The Cost of the Work shall include .4 cooperate in revising the Project scope and quality as
the cost at current market rates of labor and materials fur- required to reduce the Construction Cost.
nished by the Owner and equipment designated, specified,
selected or specially provided for by the Architect in the Con- 3.5.2.5 ArChiteCYs Responsibility to Meet Fixed Limit. If
tract Documents, including the cost of the Contractor's man- the Owner chooses to proceed under Clause 3.5•2.4.4, the
agement or supervision of construction or installation, plus a Architect, without additional compensation, shall modify the
reasonable allowance for the Contractor's overhead and proFit. documents that the Architect is responsible for preparing under
In addition, a reasonable allowance for contingencies shall be the Designated Services portion of this Agreement as necessary
included for market conditions at the time of bidding and for ro comply with the fixed limit. The modification of such docu-
changes in the Work during construction. ments shall be the limit of the Architect's responsibiliry arising
AIA DOCUMENT 6163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C. 20006-5292•WARNING: Unlicensed photocopying
violates U.S.copyright laws and will subject the violator to legal prosecution. B163-1993 29
out of the establishment of a fixed limit.The Architect shall be performed on those ponions,in accordance with the schedule
entided to compensation in accordance with this Agreement for set forth in Part 1,Subparagraph 1.3.2,based on(1)the lowest
all services performed whether or not the Construction Phase bona fide bid or negotiated proposal, or (2) if no such bid or
is commenced. proposal is received, the mest recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost
for such portions of the Project.
ARTICLE 3.6 3.6.6 Payments Withheld. No deductions shall be made
from the Architect's compensation on account of penalty,
PAYMENTS TO THE ARCHITECT liquidated damages or other sums withheld from payments to
3.6.1 DireCt Pe�sonnel Expense.Direct Personnel Eacpense contractors,or on account of the cost of changes in the Work
is defined as the direct salaries of the ArchitecYs personnel other than those for which the Architect has been found to
engaged on the Project and the portion of the cost of their be liable.
mandatory and customary contributions and benefits rela[ed �,6.7 ArChlteCt's Accounting Records. Records of xeim-
thereto, such as employment taxes and other statutory bursable F.�cpenses,of expenses pertaining to Contingent Addi-
employee benefits, insurance, sick leave, holidays, vacations, tional Services, and of services performed on the basis of a
pensions and similar contributions and benefits. multiple of Direct Personnel Expense shall be available to the
3.6.2 Reimbursable Expenses.Reimbursable F.�cpenses are
Owner or the Owner's authorized representative at mutually
in addition to compensation for the Architect's services and convenient times.
indude expenses incurred by the Architect and Architect's
employees and consultants in the interest of the Project, as
identified in the following Clauses:
ARTICLE 3.7
.1 transportation in connection with the Project, author- DISPUTE RESOLUTION
ized out-of-town travel, long-distance communica-
tions, and fees paid for securing approval of 3.7.1 Claims and Disputes. Cla;ms, disputes or other mat-
authorities having jurisdiction over the Project; ters in question between the parties to this Agreement arising
.2 reproductions, postage and handling of Drawings, out of or relating to this Agreement or breach thereof shall be
Specifications and other documents; subject to and decided by mediation and arbitration in accord-
ance with the Construction Industry Mediation and Arbitration
.3 facsimile services, courier services, overnight deliv- Rules of the American Arbitration Association currently
eries or other similar project-related expenditures; in effect.
.4 if authorized in advance by the Owner, expense of 3.7.2 MedlatlOn. In addition to and prior to arbitration, the
ovenime work requiring higher than regular rates; parties shall endeavor to settle disputes by mediation in
accordance with the Construction Industry Mediation Rules of
.5 renderings, models and mock-ups requested by the the American Arbitration Association currently in effect.
Owner; Demand for mediation shall be filed in writing with the other
party to this Agreement and with the American Arbitration
.6 additional insurance coverage or limits, including pro- �sociation. A demand for mediation shall be made within a
fessional liability insurance, requested by the Owner reasonable time after the claim, dispute or other matter in
in excess of that normally carried by the Architect and question has arisen. In no event shall the demand for media-
Architect's consultants;and tion be made aher the date when institution of legal or equi-
table proceedings based on such daim, dispute or other
.7 F.�cpense of computer-aided design and drafting equip- matter in question would be barred by the applicable statute
ment time when used in connection with the Project. of repose or limitations.
3.6.3 Payments for Contingent Additional Services and 3.7.3 Arbitration. Demand for arbitration shall be filed in
Reimburseble Expenses. Payments on account of the writing with the other parry to this Agreement and with the
Architect's Contingent Additional Services and for Reim- �erican Arbitration Association. A demand for arbitration
bursable Expenses shall be made monthly upon presenta- shall be made within a reasonable time after the claim,dispute
tion of the Architect's statement of services rendered or or other matter in question has arisen. In no event shall the
expenses incurred. demand for arbitration be made after the date when institution
of legal or equitable proceedings based on such claim,dispute
3.6.4 Extended Time. If and to the extent that the time ini- or other matter in question would be barred by the applicable
tially established in this Agreement is exceeded or extended statutes of repose or limitations.
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall be 3.7.4 COnsolidatiOn and Joinder. An arbitration pursuant
computed in the manner set forth in Article 1.6. to this paragraph may be joined with an arbitration involving
common issues of law or fact between the Architect and any
3.6.5 Changes Affecting Percentage Compensation person or entiry with whom the Architect has a contractual
Method. When compensation is based on a percentage of obligation to arbitrate disputes. No other arbitration arising
Construction Cost and any portions of the Project are deleted out of or relating to this Agreement shall include,by consolida-
or otherwise not constructed, compensation for those por- tion, joinder or in any other manner, an additional person or
tions of the Project shall be payable to the extent services are entity not a party to this Agreement,except by written consent
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUF.,
N.W.,wnsxiNG'rotv,D.C.z0006-5z9z•WARNING: Unlicensed photocopying
30 6163-1993 violates U.S.copyright laws and will subject the violator to legal prosecution.
containing a specific reference to this Agreement signed by the supplementing or superseding the intent of the parties as
Owner,Architect,and any other person or entity sought to be expressed in the body of this Agreement.
joined. Consent to arbitration involving an additional person
or entity shall not constitute consent to arbitration of any 3.8.7 Third Pa�'ties. Nothing contained in this Agreement
claim,dispute or other matter in question not described in the shall create a contractual relationship with or a cause of action
written consent or with a person or entity not named or in favor of a third party against either the Owner or Architect.
described therein. The foregoing agreement to arbitrate and
other agreements to arbitrate with an additional person or 3.8.8 Hezerdous Materials. Unless otherwise provided in
entity duly consented to by the parties to this Agreement shall this Agreement, the Architect and Architect's consultants shall
be specifically enforceabte in accordance with applicable law in have no responsibility for the discovery, presence, handling,
any court having jurisdiction thereof. removal or disposal of or exposure of persons to hazardous
materials or toxic substances in any form at the Project site. If
3.7.5 AWerd. The award rendered by the arbitrator or arbi- the Architect is required to perform services related to haz-
trators shall be final, and judgment may be entered upon it ardous materiais, the Owner agrees to indemnify and hold
in accordance with applicable law in any court having jurisdic- harmless the Architect, the Architect's consultants and their
tion thereof. agents and employees from and against any and all claims,
damages, losses and expenses, including but not limited to
attorneys'fees,arising out of or resulting from performance of
services by the Architect, the ArchitecYs consultants or their
ARTICLE 3.8 agents or employees related to such services, except where
such liability arises from the sole negligence or willfu(miscon-
MISCELLANEOUS PROVISIONS duct of the person or entity seeking indemnification.
3.8.1 GOVe�ning Law.This Agreement shall be governed by 3.8.9 PubliCity.The Architect shall have the right to include
the law of the place of the Project. representations of the design of the Project, including pho-
tographs of the exterior and interior, among the Architect's
3.8.2 Definitio�s. Terms in this Agreement shall have the promotional and professional materials. The ArchitecYs mate-
same meaning as those in AIA Document A201, General Con- ��s shall not include the Owner's confidential or proprietary
ditions of the Contract for Construction, and AIA Docu- information if the Owner has previously advised the Architect
ment A271, General Conditions of the Contract for Furniture, in writing of the specific information considered by the Owner
Furnishings and Equipment, current as of the date of to be confidential or proprietary.The Owner shall provide pro-
this Agreement. fessional credit for the Architect on the construction sign and
in the promotional materials for the Project.
3.8.3 Statutes of Repose or Limitations. Causes of accion
between the parties to this Agreement pertaining to acts or 3.8.10 Conflict of Interest.Faccept with the Owner's knowl-
failures to act shall be deemed to have accrued and the applic- edge and consent, the Architect shall not (1) accept trade
able statutes of repose or limitations shall commence to run discounts, (2) have a substantial direct or indirect financial
not later than either the Date of Substantial Completion for interest in the Project,or(3) undenake any activity or employ-
acts or failures occurring prior to Substantial Completion, or ment or accept any contribution,if it would reasonably appear
the date of issuance of the final Certificate for Payment for acts that such activiry, employment, interest or contribution could
or failures to act occurring after Substantial Completion. compromise the Architect's professional judgment or prevent
the Architect from se�ving the best interest of the Owner.
3.8.4 Waivers of Subrogation. The Owner and the Archi-
tect waive all rights against each o[her and against the contrac-
tors, consultants, agents and employees of the other for
damages,but only to the extent covered by property insurance ARTICLE 3.9
dUring construction, except such rights as they may have to
the proceeds of such insurance as set forth in the editions of TERMINATION,SUSPENSION OR
AIA Document A201, General Conditions of the Contract for ABANDONMENT
Construction,and AIA Documen[A271,General Conditions of
the Contract for Furniture, Furnishings and Equipment, cur- 3.9.1 Tel'minBtlOn f0� B�eeCh. This Agreement may be ter-
rent as of the date of this Agreement.The Owner and Architect minated by either paRy upon not less than seven days'written
shall each require similar waivers from their contractors, con- notice should the other party fail substantially to perform in
sultants and agents. accordance with the terms of this Agreement,through no fault
of the party initiating the termination. Failure of the Owner to
3.8.5 SuCCessors and Assigns.The Owner and Architect, make payments to the Architect in accordance with this Agree-
respectively, bind themselves, their partners, successors, ment shall be considered substantial nonperformance and
assigns and legal representatives to the other party to this cause for termination.
Agreement and to the parmers, successors, assigns and legal
representatives of such other party with respect to all 3.9.2 SuSpenslOn.If the Project is suspended by the Owner
covenants of this Agreement. Neither Owner nor Architect for more than 30 consecutive days, the Architect shall be com-
shall assign this Agreement without the written consent of pensated for services performed prior to notice of such sus-
the other. pension. When the Project is resumed, the Architect's
compensation shall be equitably adjusted to provide for
3.8.6 Tltles e�d HeBdI�gS. The titles and headings in this expenses incurred in the interruption and resumption of the
Agreement are for comenience and shall not be interpreted as Architect's services.
AIA DOCUMENT B163 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIA�• �01993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W.,WASHINGTON,D.C.2000G5292 •WARNING: Unlicensed photocopying
violates U.S.co�vriaht laws and will subiect the violator to leaal orosecution. B763-1993 31
3.9.3 Termination on Abandonment.This Agreement may compensated for services performed prior to termination,
be terminated by the Owner upon not less than seven days' together with Reimbursable Eacpenses then due and all Termi-
written notice to the Architect in the event that the Project is nation Expenses as defined in Subparagraph 3.9J.
permanently abandoned. If the Project is abandoned by
the Owner for more than 90 consecutive days, the Architect 3.9.7 Termination Expenses. Termination expenses are in
may terminate this Agreement by giving written notice to addition to compensation for the Architect's services, and
the Owner. include expenses which are directly attributable to termina-
tion.Termination F.�cpenses shall be computed as a percen[age
3.9.4 Failure of the Owner to make payments to the Architect of the total compensation for all services earned to the time of
in accordance with this Agreement shall be considered sub- termination,as follows:
stantial nonperformance and cause for termination.
.1 Twenty percent of the total compensation for all ser-
3.9.5 SuSpensiOn by ArChiteCt. If the Owner fails to make vices earned to date if termination occurs before or
payment when due the Architect for services and expenses, during the Predesign, Site Analysis or Schematic
the Architect may, upon seven days' written notice to the Design Phases;or
Owner, suspend performance of services under this Agree-
ment. Unless payment in full is received by the Architect .2 Ten percent of[he total compensation for all se�vices
within seven days of the date of the notice, [he suspension earned to date if termination occurs during the
shall take effect without further notice. In the event of a sus- Design Development Phase;or
pension of secvices, the Architect shall have no liability to the
Owner for delay or damage caused the Owner because of such .3 Five percent of the total compensation for all services
suspension of services. earned to date if termination occurs during any subse-
quent phase.
3.9.6 CompensatiOn of ArChiteCt. In the event of termi-
nation not the fault of the Architect, the Architect shall be
AIA DOCUMENT B763 • OWNER-ARCHITECT AGREEMENT FOR DESIGNATED SERVICES
AIAm• �1993•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
tv.w.,wnsxt[vGTON,�.c. 2000G-5z92•WARNING: Unlicensed photocopying
32 B163-1993 violates U.S.copyright laws and will subJect the vfolator to iegai prosecution.
LETTER OF TRANSMITTAL
DATE: 01. 30. 2007 JOB NO. 07 01
Phillip B. Smith ATTENTION:Kent Bratton, Director
ARCHITECT RE:
Preliminary Design for City Hall Addition
101South Farrar Drive, Suite 201 Cape Girard�au, Missouri
Cape Girardeau, Missouri 63701
573.651.9001
TO: City of Cape Girardeau
Planning Services
401 Independence Street
Cape Girardeau, Missouri 63703
We are sending you ❑� Attached ❑ Under separate cover via ❑ The following items:
❑ Shop Drawings ❑ Prints ❑ Plans
❑ Samples
❑ Copy of letter ❑ Change order ❑ Diskette ❑ Specifications
COPIES DATE DESCRIPTION
4 AIA document B163, Owner and Architect A reement, revised
These are transmitted as checked below:
❑For approval �Reviewed as submitted ❑Resubmit copies for approval
�For your use �Reviewed with notes ❑Submit copies for distribution
❑As requested �Returned for corrections ❑Return corrected prints
❑For review and comment
REMARKS:
RECE1VEfl
DIVIS�N OF PlANN1NG SERVICES
QRTE �_ a...�3Y� �
COPIES:
SIGNED:
Phillip B. Smith