AGREEMENT BETWEEN OWNER AND ARCHITECT - THE OWNER INTENDS TO ERECT A MEMORIAL CIVIC CENTER
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THE STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND ARCHITECT
ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN A
PERCENTAGE OF THE COST OF THE WORK FORMS THE BASIS OF PAYMENT,
AND ENGINEERS' FEES ARE INCLUDED IN THE ARCHITECT'S FEE.
SIXTH EDITION--COPYRIGHT 1948.1951 BY THE AMERICAN iNSTITuTE OF ARCHITECTS, WASHINGTON, D. c.
T HIS A G REEMEN T made the....s...~......t.........t:}.....................
ve..,en eels 1
day of'i.....~.....:1:............in the year Nineteen H undred and"-r1rty"e:t~_........-........
-ep~e~uer . ~&~
by and between...M~HiI&p.i-al...(a.~!~..~r.;.t'~JI"'\.B6&O:j,40*,-i.o~;....tno.......... ...__. ..___ _.....
.......-...............-----....--................................--..---..--.....................-........-....---..........--..--......---..........--....--........--........--....-........------....-........----------------..
.................. ........................................................ ..............hereinafter called the Owner, and
. ..... ;~~;lk~ 1 'tog' "und' 'l]~vt>>()n"""" ............................................... -....... -.. -........ - - -.. -.. -...... -...
............................................................................................h e r einaf te r call ed th e Arch i tect,
WITNESSETH, that whereas the Owner intends to erecL'a,...:te1ilO1'1a:t"C1vtc'"
.. '-Getlt~~......................................................... ...... ................._... _. _ _......................... _..... _. _... _...
.......... _oo __ _.......... __........ _........ __.. __.... _oo.................. __.......... _.......... _.................. __.. ___ _...... _...................... __.................................................................... __.................... """" ~ ~ - ~ - __
...............--........ ...................... ......... .............;.... ................. --., hereinafter called the Work,
NOW, THEREFORE, the Owner and the Architect, for the considerations
hereinafter named, agree as follows:
TheArchitect agrees to perfoqnJ for the above-named Work, professional serv-
ices as hereinafter set forth.
The Owner agrees to pay the Architect for such services a fee of....s1:x...(-f'r}...
per cent of the cost of the Work, with other payments and reimbursements as herein-
after provided, the said percentage being hereinafter called the Basic Rate.
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The parties hereto further agree to the following
conditions:
l. The Architect's Services. -The Architect's
professional services consist of the necessary con-
ferences, the preparation of preliminary studies,
working drawings, specifications, large scale and
full size detail drawings, for architectural, struc-
tural, plumbing, heating, electrical, and other
mechanical work; assistance in the drafting of
forms of proposals and contracts; the issuance of
certificates of payment; the keeping of accounts, the
general administration of the business and super-
vision of the Work.
2. Reimbursements. -The Owner is to reim-
burse the Architect the costs of transportation and
living incurred by him and his assistants while
traveling in discharge of duties connected with the
Work, the cost of all reproductions of drawings,
-the cost of any spe-cial consultants other-than for
normal plumbing, heating, electrical, and other me-
chanical work, and other disbursements on his ac-
count approved by the Owner.
3. Separate Contracts.- The Basic Rate ap-
plies to work let under a single contract. For any
portions of the Work let under separate contracts,
on account of extra service thereby required, the
rate shall be four per cent greater, and if substan-
tially all the Work is so let the higher rate shall
apply to the entire Work; but there shall be no
such increase on the plumbing, heating, electrical
and other mechanical work or on any contracts
in connection with which the Owner reimburses
special consultants' fees to the Architect, or for
articles not designed by the Architect but pur-
chased under his direction.
4. Extra Services and Special Cases.-If the
Architect is caused extra drafting or other expense
due to changes ordered by the Owner, or due to
the delinquency or insolvency of the Owner or Con-
tractor, or as a result of damage by fire, he shall
be equitably paid for such extra expense and the serv-
ice involved.
Work let on any cost-plus basis shall be the sub-
ject of a special charge in accord with the special
service required.
If any work designed or specified by the Archi-
tect is abandoned or suspended, in whole or in part,
the Architect is to be paid for the service rendered
on account of it.
5. Payments.-Payments to the Architect on
account of his fee shall be made as follows, subject
to the provisions of Article 4:
Upon completion of the preliminary studies, a
sum equal to 25% of the basic rate computed upon
a reasonable estimated cost.
During the period of preparation of specifications
and general working drawings monthly payments
aggregating at the completion thereof a sum suffi-
cient to increase payments to 75% of the rate or
rates of commission arising from this agreement,
computed upon a reasonable cost estimated on such
completed specifications and drawings, or if bids
have been received, then computed upon the lowest
bona fide bid or bids.
From time to time during the execution of work
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Form B-102
and in proportion to the amount of servIce ren-
dered by the Architect, payments shall be made
until the aggregate of all payments made on ac-
count of the fee under this Article, but not in-
cluding any covered by the provisions of Article 4,
shall be the sum equal to the rate or rates of com-
mission arising from this agreement, computed upon
the final cost of the Work.
Payments to the Architect, other than those on
his fee, fall due from time to time as his work is
done or as costs are incurred.
No deductions shall be made from the Archi-
tect's fee on account of penalty, liquidated damages,
or other sums withheld from payments to contrac-
tors.
6. Information furnished by Owner.-The
Owner shall, so far as the work under this agree-
~lIlen! IIlay. .requil"e,fluni,sh tl1enArchitect_with the
following information: A complete and accurate
survey of the building site, giving the grades and
lines of streets, pavements, and adjoining properties;
the rights, restrictions, easements, boundaries, and
contours of the building site, and full information
as to sewer, water, gas and electrical service. The
Owner is to pay for borings or test pits and for
chemical, mechanical, or other tests when re-
quired.
The Owner shall provide all legal advice and
services required for the operation.
7. Supervision of the Work.-TheArchitect
will endeavor by general supervision to guard the
Owner against defects and deficiencies in the work
of contractors, but he does not guarantee the per-
formance of their contracts. The general super-
vision of the Architect is to be distinguished from
the continuous on-site inspection of a clerk-of-the-
works.
When authorized by the Owner, a clerk-of-the-
works acceptable to both Owner and Architect
shall be engaged by the Architect at a salary satis-
factory to the Owner and paid by the Owner,
upon presentation of the Architect's monthly state-
men ts.
8. Preliminary Estimates:-When requested
to do so the Architect will furnish preliminary es-
timates on the cost of the Work, but he does not
guarantee such estimates.
9. Definition of the Cost of the Work.-
The cost of the Work, as herein referred to, means
the cost to the Owner, but such cost shall not in-
clude any Architect's or Special Consultants' fees
or reimbursements or the cost of a clerk-of-the-
works.
When labor or material is furnished by the Owner
below its market cost the cost of the work shall be
computed upon such market cost.
10. Ownership of Documents.-Drawings
and specifications as inatruments of service are tbe
property of the Architect whether the work for
which they are made be executed or not, and are
not to be used on other work except by agreement
with the Architect.
ll. Successors and Assignments.-The
Owner and the Architect, each binds himself, his
,
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Form B-I02
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partners, successors, legal representatives, and assigns
to the other party to this agreement, and to the
partners, successors, legal representatives and assigns
of such other party in respect of all covenants of
this agreement.
Except as above, neither the Owner nor the
Architect shall assign, sublet or transfer his interest
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in this agreement without the written consent of the
other.
12. Arbitration.-All questions in dispute
under this agreement shall be submitted to arbitra-
tion at the choice of either party, in accordance with
the provisions, then obtaining, of the Standard Form
of Arbitration Procedure of The American Institute
of Architects.
The Owner and the Architect hereby agree to the full performance of the cove-
nants contained herein.
IN WITNESSWHEREDF,they have e:xecut~d this agreementL!lJ.e day and
year first above written.
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