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Architect cannot and does not guarantee tat bids will ees, or his r sessional consultants in the interest of the
<br />•not vary from any Statement of Probable Construction Project r e expenses listed in the following Subpara-
<br />Cost or other cost estimate prepared by him. graph .
<br />3.5 When a fixed limit of Construction Cost is estab- 5.1.1 Expense of transportation and living when travel-
<br />lished as a condition of this Agreement, it shall be in ing in connection with the Project;' disance'cali"s
<br />writing signed by the parties and shall include a bidding oMleft-raffiyand ,-feeswpaid for-securini-apISFOyat of
<br />contingency of ten percent unless another amount isuthorities`having �u�isdicton over -the Proj�>
<br />agreed upon in writing. When such a fixed limit is estab- 5.1.2 Expense of -reproductions postage a1tZ1_:11atdliiig
<br />fished, the Architect shall be permitted to determine what f D,�_�,ra ngs''ancl Specifica ions,exyloding-duplitara-giets
<br />materials, equipment, component systems and types of �t1e. amp�etitin'Of,e�ch Ph e---for the_Owne S�'r eew
<br />construction are to be included in the Contract Docu- p Vo .
<br />ments, and to make reasonable adjustments in the scope
<br />of the Project to bring it within the fixed limit. The archi- 5.1.3 If authorized in advance by the Owner, expense
<br />tect may also include in the Contract Documents alter- of overtime work requiring higher than regular rates and
<br />nate bids to adjust the Construction Cost to the fixed expense of renderings or models for the Owner's use.
<br />limit. 5.1.4 Expense of computer time for professional services
<br />3.5.1 If the Bidding or Negotiating Phase has not com- when included in Paragraph II.
<br />menced within six months after the Architect submits the 5.1.5 Expense of computer time when used in connec-
<br />Construction Documents to the Owner, any fixed limit lion withAdditionalServices.
<br />of Construction Cost established as a condition of this
<br />Agreement shall be adjusted to reflect any change in the ARTICLE 6"
<br />general level of prices which may have occurred in the
<br />construction industry for the area in which the Project is ppENTS�O:T�11`�Ci`fht�T
<br />located. The adjustment shall reflect changes between
<br />the date of submission of the Construction Documents 6.1 gments on sccount-af the 7\rc11itect' ?& 5ea%
<br />to the Owner and the date on which proposals are �cs all be _made: as follows _ :ram
<br />sought. 6.1.1 An initial payment as set forth in Paragraph II is
<br />3.5.2 When a fixed limit of Construction Cost, including the minimum payment under this Agreement.
<br />the Bidding contingency (adjusted as provided in Sub- 6.1.2 Subsequem_payments�forBas��ervi�estralt
<br />•paragraph 3.5.1, if applicable), is established as a condi- ade moilthl, in Proportion to7servlces pel zs�me ?sa
<br />tion of this Agreement and is exceeded by the lowestathe com;ensaiion at the completion ti#_e� Pbae,
<br />bona fide bid or negotiated proposal, the Detailed Esti- xcept w'he i the compensation is or the basis of a Mul-
<br />mate of Construction Cost or the Statement of Probable tiple of Direct Personnel Expense,,Ahall-.equal -the tailoa;►
<br />Construction cost, the Owner shall (1) give written ap- ng perZ�entages of tTie`total Basic Compensatior6'
<br />proval of an increase in such fixed limit, (2) authorize re-" - - -
<br />bidding the Project within a reasonable time, or (3) co- Schematic Design Phase ... • . • 15%
<br />operate in revising the Project scope and quality as re- Design Development Phase ...... 35%
<br />quired to reduce the Probable Construction Cost. In the Construction Documents Phase ... 75%
<br />case of (3) the Architect, without additional charge, shall idling orTlegofation Phase --A.. C80
<br />modify the Drawings and Specifications as necessary to Construction; Phase--
<br />bring the Construction Cost within the fixed limit. The a' :.
<br />providing of such service shall be the limit of the Archi- 6.1.3 If the Contract Time initially established in the
<br />tect's responsibility in this regard, and having done so, Construction Contract is exceeded by more than thirty
<br />the Architect shall be entitled to compensation in accord- days through no fault of the Architect, compensation for
<br />ance with this Agreement. Basic Services performed by Principals, employees and
<br />professional consultants required to complete the Ad -
<br />ARTICLE 4 . ministration of the Construction Contract beyond the
<br />DIRECT PERSONNEL EXPENSE thirtieth day shall be computed as set forth in Para-
<br />graph II for Additional Services.
<br />Direct Personnel Expense is defined as the salaries of 6.2 Payments for Additional Services of the Architect as
<br />professional, technical and clerical employees engaged defined in Paragraph 1.3, and for Reimbursable Expenses
<br />on the Project by the Architect, and the cost of their as defined in Article 5, shall be made monthly upon
<br />mandatory and customary benefits such as statutory em- presentation of the Architect's statement of services ren-
<br />ployee benefits, insurance, sick leave, holidays, vacations, dered.
<br />pensions and similar benefits.
<br />ARTICLE 5 6.3 No deductions shall be made from the Architect's
<br />compensation on account of penalty, liquidated dam-
<br />[]iFSA�L:IEXP�N�SES" '� ages, or other sums withheld from payments to con-
<br />tractors.
<br />,.. SQ r
<br />n diti n �c���,cl�a 6.4 If the Project is suspended for more than three
<br />• a �f "ro i c��ern- oy- months or abandoned in whole or in part, the Architect
<br />AIA DOCUMENT 9141 • OWNER -ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAS • <<..1974
<br />6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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