C141 - Agreement Between Architect and Consultant

ARTICLE 1 DESCRIPTION OF SCOPEThe Consultant shall provide the Architect with the following professional services in the same manner and to thesame extent as the Architect is bound by the Prime Agreement to provide such services for the Owner.(Describe the type of consulting services applicable to the professional discipline.)Mechanical, Electrical, Plumbing and Fire Protection Engineering servicesARTICLE 2 GENERAL PROVISIONS§ 2.1 A copy of the Architect's agreement with the Owner, known as the Prime Agreement (from whichcompensation amounts may be deleted), is attached as Exhibit A and is made a part of this Agreement.§ 2.2 The part of the Project for which the Consultant is to provide services is hereinafter called This Part of theProject. Except as set forth herein, the Consultant shall not have any duties or responsibilities for any other part ofthe Project.§ 2.3 The Consultant is an independent contractor for This Part of the Project, responsible for methods and meansused in performing the Consultant's services under this Agreement, and is not an employee, agent or partner of theArchitect.§ 2.4 The Architect shall be the general administrator of the professional services for the Project, and shall facilitatethe exchange of information among the consultants retained by the Architect for the Project as necessary for thecoordination of This Part of the Project. Except as authorized by the Architect, all communications between theConsultant and the Owner, Contractor or other consultants for the Project shall be forwarded through the Architect.ARTICLE 3 CONSULTANT'S RESPONSIBILITIES§ 3.1 GENERAL RESPONSIBILITIES§ 3.1.1 The services performed by the Consultant, Consultant's employees and Consultant's subconsultants shall beas enumerated in Articles 4, 5 and 14.§ 3.1.2 The Consultant shall designate a representative authorized to act on behalf of the Consultant with respect toThis Part of the Project.§ 3.1.3 The Consultant shall recommend to the Architect that appropriate investigations, surveys, tests, analyses andreports be obtained as necessary for the proper execution of the Consultant's services.§ 3.1.4 The Consultant's services shall be coordinated with those of the Architect and other consultants for theProject in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's or otherconsultants' services.§ 3.1.5 The Consultant shall provide copies of drawings, reports, specifications and other necessary information tothe Architect and other consultants for coordination and review during the course of the Project. All aspects of theWork designed by the Consultant shall be coordinated by the Consultant, and the Consultant shall become familiarwith the Work designed by the Architect and other consultants as necessary for the proper coordination of This Partof the Project.§ 3.1.6 The Consultant shall cooperate with the Architect in determining the proper share of the budget for the Costof the Work to be allocated to This Part of the Project.§ 3.1.7 The Consultant shall not be responsible for the acts or omissions of the Architect, Architect's otherconsultants, Contractor, Subcontractors, their agents or employees, or other persons performing any of the Work.§ 3.1.8 The Consultant shall maintain the confidentiality of information specifically designated as confidential by theOwner or Architect, unless withholding such information would violate the law, create the risk of significant harm tothe public or prevent the Consultant from establishing a claim or defense in an adjudicatory proceeding. TheConsultant shall require of the Consultant's subconsultants similar agreements to maintain the confidentiality ofinformation specifically designated as confidential by the Owner or Architect.AIA Document C141 – 1997. Copyright © 1963, 1967, 1970, 1974, 1979, 1987 and 1997 by The American Institute of Architects. All rightsreserved. WARNING: This AIA ® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted tothe maximum extent possible under the law. This draft was produced by AIA software at 00:13:20 on 05/23/2004 under Order No.1000079549_1which expires on 11/8/2004, and is not for resale.User Notes: (299331545)3