C141 - Agreement Between Architect and Consultant
C141 - Agreement Between Architect and Consultant
C141 - Agreement Between Architect and Consultant
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§ 3.1.9 Except with the <strong>Architect</strong>'s knowledge <strong>and</strong> consent, the <strong>Consultant</strong> shall not engage in any activity, or acceptany employment, interest or contribution that would reasonably appear to compromise the <strong>Consultant</strong>'s professionaljudgment with respect to this Project.§ 3.1.10 The <strong>Consultant</strong>'s services shall be performed as expeditiously as is consistent with professional skill <strong>and</strong>care <strong>and</strong> the orderly progress of the Project. The <strong>Consultant</strong> shall submit for the <strong>Architect</strong>'s approval a schedule forthe performance of the <strong>Consultant</strong>'s services which may be adjusted as the Project proceeds. This schedule shallinclude allowances for periods of time required for the Owner <strong>and</strong> <strong>Architect</strong>'s review <strong>and</strong> for approval ofsubmissions by authorities having jurisdiction over the Project. Time limits established by this schedule <strong>and</strong>approved by the <strong>Architect</strong> shall not, except for reasonable cause, be exceeded by the <strong>Consultant</strong> or <strong>Architect</strong>. The<strong>Consultant</strong> shall not be responsible for delays beyond the <strong>Consultant</strong>'s control.§ 3.2 EVALUATION OF BUDGET AND COST OF WORK§ 3.2.1 When the Project requirements have been sufficiently identified, the <strong>Consultant</strong> shall prepare <strong>and</strong> submit tothe <strong>Architect</strong> a preliminary estimate of Cost of the Work for This Part of the Project. This estimate may be based oncurrent area, volume or similar conceptual estimating techniques, as directed by the <strong>Architect</strong>. As the design processprogresses through the end of the preparation of the Construction Documents, the <strong>Consultant</strong> shall update <strong>and</strong> refinethe preliminary estimate of the Cost of the Work. The <strong>Consultant</strong> shall advise the <strong>Architect</strong> of any adjustments toprevious estimates of the Cost of the Work indicated by changes in Project requirements or general marketconditions. If at any time the <strong>Consultant</strong>'s estimate of the Cost of the Work for this Part of the Project would causethe Owner's budget to be exceeded, the <strong>Consultant</strong> shall make appropriate recommendations to the <strong>Architect</strong> toadjust the Project's size, quality or budget.§ 3.2.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work <strong>and</strong>updated estimates of the Cost of the Work prepared by the <strong>Consultant</strong> for This Part of the Project represent the<strong>Consultant</strong>'s judgment as a design professional familiar with the construction industry. It is recognized, however,that neither the <strong>Consultant</strong> nor <strong>Architect</strong> has control over the cost of labor, materials or equipment, over theContractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions.Accordingly, the <strong>Consultant</strong> cannot <strong>and</strong> does not warrant or represent that bids or negotiated prices for This Part ofthe Project will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work orevaluation prepared or agreed to by the <strong>Consultant</strong>.§ 3.2.3 In preparing estimates for the Cost of the Work for This Part of the Project, the <strong>Consultant</strong>, after conferringwith the <strong>Architect</strong>, shall be permitted to include contingencies for design, bidding <strong>and</strong> price escalation; to determinewhat materials, equipment, component systems <strong>and</strong> types of construction are to be included in the ContractDocuments with respect to This Part of the Project; to make reasonable adjustments in the scope of This Part of theProject; <strong>and</strong> to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost ofthe Work to meet the Owner's budget for the Cost of the Work for This Part of the Project. If an increase in theContract Sum occurring after the execution of the Contract between the Owner <strong>and</strong> Contractor causes the budget forthe Cost of the Work to be exceeded, that budget shall be increased accordingly.§ 3.2.4 If bidding or negotiation for This Part of the Project has not commenced within 90 days after the <strong>Architect</strong>submits the Construction Documents to the Owner, the budget for the Cost of the Work for This Part of the Projectshall be adjusted to reflect changes in the general level of prices in the construction industry.§ 3.2.5 If the budget for the Cost of the Work for This Part of the Project is exceeded by the lowest bona fide bid ornegotiated proposal, the <strong>Architect</strong> shall:.1 give written approval of an increase in the budget;.2 authorize rebidding or renegotiating of the Project within a reasonable time;.3 terminate in accordance with Section 10.6; or.4 cooperate in revising the Project scope <strong>and</strong> quality as required to reduce the Cost of the Work.If the <strong>Architect</strong> chooses to proceed under Section 3.2.5.4, the <strong>Consultant</strong>, without additional compensation, shallmodify the documents for which the <strong>Consultant</strong> is responsible, so that the <strong>Consultant</strong> may bear a reasonable portionof the burden of reducing the Cost of the Work for This Part of the Project as necessary to comply with the budgetfor the Cost of the Work. The modification of such documents without cost to the <strong>Architect</strong> shall be the limit of theAIA Document <strong>C141</strong> – 1997. Copyright © 1963, 1967, 1970, 1974, 1979, 1987 <strong>and</strong> 1997 by The American Institute of <strong>Architect</strong>s. All rightsreserved. WARNING: This AIA ® Document is protected by U.S. Copyright Law <strong>and</strong> International Treaties. Unauthorized reproduction ordistribution of this AIA ® Document, or any portion of it, may result in severe civil <strong>and</strong> criminal penalties, <strong>and</strong> 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, <strong>and</strong> is not for resale.User Notes: (299331545)4