Supplement to the
Standard Form of Agreement between Owner and Architect
The following Supplements modify the “Standard Form of Agreement Between Owner and Architect,” AIA Document B101, 2007. Where a portion of the document is modified or deleted by these Supplementary Conditions, the unaltered portions shall remain in effect.
2.5Delete everything after the first sentence.
Add the following:
2.5.1“Insurance - Prior to signing of this Agreement between Owner and Architect, the Architect shall furnish to the Owner proof of the following insurance coverage, with insurance companies satisfactory to Owner, and shall maintain such insurance coverage during the period of this Agreement. The Architect shall furnish to the Owner Certificates of Insurance evidencing that such insurance is in place and listing the Owner as an additional insured for general liability coverage. The certificates shall also contain a provision that coverage afforded there under shall not be cancelled until at least thirty (30) days prior written notice has been given to the Owner.”
2.5.2The Architect at no additional expense to the Owner, shall maintain during the
period of this contract Professional Liability Insurance (Errors and Omissions)
with minimum limits of not less than $1,000,000 for each claim and aggregate.
The Architect shall be fully responsible to the Owner for his associates and his
professional consultant’s work. Professional Liability Coverage for the total
project design (including all professional consultants) rests solely with the
Architect.
2.5.3Comprehensive General Liability Insurance, including but not limited to Contractual Liability and Completed Operations Liability, covering, but not limited to, liability assumed through the indemnification provisions of this Agreement, with limits of $1,000,000.00 per occurrence and $2,000,000 aggregate.
2.5.4Comprehensive Automobile Liability insurance with minimum limits of
$500,000 per Accident/Occurrence.
2.5.5Worker’s Compensation to include all State Endorsements and Employer
Liability limits of at least $100,000.
2.5.6Indemnification
The Architect shall indemnify and hold harmless the Owner, its members, directors, officers, employees, servants and agents against and any and all losses, claims, suits, liability and expenses (for example, but not by way of limitation, legal fees, expert costs, and court costs) arising out of injury or death of persons (including but not limited to employees of the Architect and Owner) or damage to property caused by, arising out of, or resulting from negligent acts, errors or omissions of the Architect.
2.5.7Nothing in this Section entitled ‘Indemnification’ shall be construed or is intended to limit or restrict any other terms or conditions of this Agreement or the Architect’s legal liability nor that of any of its insurers with respect to injury or death of persons or damage to property caused by, arising out of or resulting from a failure of the plans and specifications or from the Architect’s failure to perform under its professional obligations.
3.1Delete paragraph and replace with the following:
“The Architect’s Basic Services consist of those described in Article 3, and may be amended as mutually agreed upon, plus all other services identified in Article 12 as part of Basic Services. These services shall as necessary to render the facility fit for service and shall include the following: normal civil, structural, plumbing, heating, ventilation, air conditioning, and electrical engineering services for design and construction administration. They shall also include the design and construction administration of code-mandated or Owner-mandated life safety systems, normal computer/information systems, audio/visual systems, and classroom/meeting hall/worship space requirements where applicable. These services also include all design and construction administration services.”
3.1.3Delete the following sentence:
“Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner.”
3.1.4Delete and replace with the following:
“The Architect shall not be responsible for an Owner’s directive or substitution made against a written recommendation of the Architect.”
3.1.6Delete and replace with the following:
“The Architect shall file the documents for permits with both the local authority and the State Fire Marshal. The Owner shall pay all permit fees either directly, or as a direct reimbursement to the Architect.”
Add the following:
“3.1.7The Architect shall hold or attend all meetings and conferences as may be reasonably necessary to settle questions arising out of, or in connection with, the Work. The Architect shall copy the Owner on all correspondence, pay requests, field reports, requests for proposals, change orders and all other pertinent correspondence with the Contractor, testing laboratory, and Regulatory Agencies.
3.1.8The Architect shall notify the Building Office of the Archdiocese, with minimum 7 days notice, of all meetings with the Owner and/or Contractor pertaining to this project.”
3.2Delete 3.2.1 to 3.2.7.
3.3.1Add the following paragraph:
“The Architect shall coordinate a meeting with the Owner to visit the site and review project scope and verify observable existing conditions prior to preparation of Design Development documents.”
3.4.1Add the following:
“Proprietary specifications shall include at least two different product names and manufacturers for all materials and equipment specified. Requests for approvals for substitute products not listed in the specification but deemed equal by bidders to those specified shall be received and reviewed by the Architect up to seven calendar days prior to bid opening. Acceptable substitutions shall be listed in an addendum.”
3.4.3Delete “… (2) the form of Agreement between Owner and Contractor.” In the last sentence change the word “may” to “shall”.
3.4.5 Delete paragraph and substitute the following:
“The Architect shall submit final bidding documents along with the Architect’s current estimate of the cost of construction, to the Owner for examination and approval.On the request or approval of the Owner, the Architect shall make appropriate changes in the documents as are necessary to bring the project cost within the fixed limit of construction cost as per Paragraph 1.1.”
3.5.2.2.5Delete the following phrase:
“organizing and conducting the opening of bids,”
Add the following:
“3.5.2.2.6Upon acceptance of a bid by the Owner, the Architect shall notify the Contractor whose bid or estimate is accepted of the Owner’s acceptance thereof, and also notify other bidding Contractors of the award to such accepted Contractor.
3.5.2.2.7The Architect shall be present for the opening of bids by the Building Office and shall provide a form for assisting the Building Office in tabulating the bids.”
3.6.1.1 Delete the second sentence and add the following to the first sentence:
“or AIA Document A107-2007, Abbreviated Form of Agreement between Owner and Contractor. The Architect shall include in the Specification the Owner’s Supplementary Conditions.”
3.6.1.2 Replace this paragraph with the following:
“The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work.”
3.6.1.3Add to the end of the last sentence:
“... unless delays are caused by negligent and/or intentional actions of the Architect, and except as required in 3.6.2.1.”
3.6.2.1Delete from the first sentence “or as otherwise required in Section 4.3.3”and insert the following clause after the word “completed”:
“to endeavor to guard the Owner against defects and deficiencies in the work,”
Replace the last two sentences with the following:
“The Architect shall visit the site not less than weekly and shall provide the Owner and Contractor with written reports of job site visits which include both project status and directions given in the field. The Architect shall conduct jobsite progress meetings bi-monthly, and shall provide minutes of the meeting to all in attendance prior to the next meeting. Eleven months after the date of Substantial Completion, the Architect shall conduct a warranty inspection in the presence of the Owner and Contractor, and shall provide all with a list of items which need to be corrected, repaired, or replaced.”
Add the following:
“3.6.2.1.1The Architect’s consultants shall visit the project as often as necessary to become familiar with the progress and quality of the work related to their disciplines, to endeavor to guard the Owner against defects and deficiencies in the work, and to determine if that work is proceeding in general accordance with the contract documents. The Architect shall not assume the role of his principal consultants in making site visits. Project visits by the Architect and his principal consultants shall be made at key points in the construction process and as necessary for Substantial Completion and Final Inspections. Principal consultants shall be required to attend at minimum a monthly jobsite meeting if requested of the Architect by the Owner.”
3.6.2.2Delete the second and third sentences and replace them with the following:
“Whenever, in the Architect’s reasonable opinion, he considers it necessary or advisable to ensure the proper implementation of the intent of the Contract Documents, he will, subject to the Owner’s approval in advance, have authority to require special inspection or testing of any work in accordance with the provisions of the Contract Documents whether or not such work be then fabricated, installed or completed.”
3.6.2.3Add as the first sentence of this paragraph:
“The Architect shall neither authorize nor permit any variations from the Contract Documents without the prior written consent of the Owner.”
3.6.2.4Delete the second sentence and replace with the following:
“When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by the Contractor.”
3.6.3.1Add the following:
“The Architect shall not arbitrarily withhold payments from the Contractor; he shall provide details as to the specific reasons for withholding payments, including detailed estimates.”
3.6.4.2 Delete the first sentence and replace it with the following:
“The Architect shall review for general conformance and approve or take other appropriate action upon the Contractor’s submittals such as shop drawings, samples, mockups, and product data.”
3.6.4.3Add the following to the end of the last sentence:
“... except in the case of pre-manufactured metal buildings and structural framing systems.The Architect shall ensure compliance with all applicable laws requiring the licensing of any professionals providing design services for the Project.”
3.6.5.1Add the following to the end of this paragraph:
“The Architect shall neither authorize nor permit any variations from the drawings and specifications without prior written consent of the Owner. The Architect will consult with the Owner before finalizing determination of Approved Equals, Substitutions, Change Orders, Substantial Completion and Final Acceptance.”
Add the following Paragraphs:
“3.6.6.6 After acceptance of the Project by the Owner, the Architect shall prepare and furnish to the Owner (1) a Final Report with all of the close-out requirements of this agreement, (2) one sets of Record Drawings prepared by the Contractor on archival quality format and reviewed by the Architect, and (3) one .pdf format copy of the construction documents, including drawings, specifications, addenda, supplemental drawings, and responses to contractor’s requests for information.
3.6.6.7At the conclusion of the Project and only upon written request of the Owner, the Architect shall provide the Owner with certification that all consulting engineers have been paid the respective fees due.”
4.1 Delete paragraph and table. Replace with the following:
“The services described under Paragraphs 4.3 shall only be provided if authorized in advance in writing by the Owner.”
4.2 Delete paragraph.
4.3.1.7Delete paragraph and replace with the following:
“Evaluating an extensive number of claims deemed excessive in the opinion of the Owner”
4.3.2Delete paragraph.
4.3.3Delete paragraph.
4.3.4Delete paragraph.
5.1In the first sentence; delete the word “written”.
5.3Add to the end of this paragraph:
“For the purpose of this agreement the Owner shall be the authorized representative of the parish or institution and the representative from the Building Office.”
Add the following:
“5.3.1Building Office – defined as the Archdiocese of New Orleans, Building Office; 7887 Walmsley Ave.; New Orleans, LA 70125; Phone: 504-861-6210; Fax: 504-861-7652”
5.6Add after “required by the scope of the Project”: “and when the Owner concurs with the Architect’s request.”
5.10Delete the last sentence and replace with the following:
“The Owner may communicate directly with the Contractor, and shall notify the Architect of such communication when it affects the Architect’s services.”
5.11Delete the first sentence.
6.2Replace the first sentence with the following:
“The fixed limit of construction cost, as listed in Article 1, is established as a condition of this agreement.”
Delete the last sentence.
6.6 In the first sentence after the word “by” add “more than ten percent (10%) by”.
Add the following:
“6.6.6work with the low bidder to negotiate project cost to a level acceptable to the Owner.”
6.7In the first sentence, after the word “Section” add “6.6.2, 6.6.6, or.” Delete the second sentence in its entirety and substitute the following: “The Architect shall be responsible for the costs associated with re-bidding or with the development of a negotiating bulletin.”
7.1Delete entire paragraph and replace it with the following: “The Owner shall be deemed the owner of all Instruments of Service with all rights pertaining thereto. The Owner agrees to defend, indemnify, and hold harmless the author of any Instrument of Service from any liability or claim resulting from the use thereof by the Owner outside of the scope of this Project.”
7.2Delete entire Paragraph and replace with the following:
“Should the Owner abandon the Project for which final Contract Documents have been furnished by the Architect hereunder, and thereafter erect a building in accordance with said Documents, and should the Owner re-engage the complete architectural services of the same Architect, then, and in that event, the total fee to be paid the Architect for services prior to abandonment shall be credited by the Architect to the Owner’s account in regard to the re-engagement of the Architect for the Project.”
7.3, 7.3.1, 7.4Delete these paragraphs.
Delete 8.1 through 8.3 and replace with the following:
“8.1Litigation
8.1.1 Any dispute involving claims, or other matters in question arising out of or related to this Agreement will be decided by litigation under the laws of the State of Louisiana and must be brought in the State District Court having jurisdiction in the Parish where the construction site is located.
8.2Arbitration
8.2.1Notwithstanding any provision concerning litigation contained in this Agreement, at the sole option and discretion of the Owner, if selected by the Owner as the final means of dispute resolution, any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand by the Owner for arbitration shall be filed in writing with the Architect and with the American Arbitration Association.”
9.4Delete Paragraph and replace with the following:
“This Agreement may be terminated by the Owner, with or without cause, upon seven (7) days’ written notice to the Architect. In the event of termination due to no fault of the Architect, the Architect shall be paid for services and reimbursable expenses, if any performed to the termination date, to the exclusion of any other recourse.”
9.5Delete Paragraph and replace with the following:
“In the event of termination for failure of the Architect substantially to perform in accordance with the terms hereof, the Architect shall be paid for services performed and reimbursable expenses, if any, to the termination date, but the Owner will retain the rights to any damages or loss suffered as permitted by law.”
9.6Add as first sentence the following:
“If all or part of the Project is abandoned by the Owner at intervals not expressly stated in this Agreement, but prior to start of construction, compensation shall be an amount to be agreed upon by the Architect and the Owner commensurate to the services previously performed but no more than 80 per cent of the total fee.”
Delete from the second sentence, the following words from the end of the sentence: “. . . and all Termination Expenses as defined in Paragraph 9.7.”
9.7 Deleteparagraph.
9.8Delete paragraph.
10.1Delete entire sentence and replace with the following: “The Agreement shall be governed by the law of the State of Louisiana.”
10.2Add to the end of this paragraph: “and its attached supplement.”
10.7Delete last sentence.
11.1 Add the following:
“Actual construction cost shall be substituted for the FLCC to calculate the FEE after the receipt of bids and the total fee shall be adjusted accordingly.
Should the actual construction cost exceed the Fixed Limit of Construction Cost plus 10%, the fee shall be increased according to this same formula for the cost of work added to the project scope by the Owner but not caused in the opinion of the Owner by errors or omissions of the Architect.
Compensation for change orders, not determined as errors or omissions in the opinion of the Owner, shall be computed using the same percentage applied to construction costs.”
11.6.1Add the following:
“If the project is terminated because the lowest bona fide bid exceeds the Fixed Limit of Construction Cost by more than 10%, the Owner shall not be obligated to pay a fee to the Architect in excess of the amount established in this contract based on the Fixed Limit of Construction Cost and in accordance with Paragraph 11.5.”
11.7Delete the second sentence.
11.8.1.1 Delete paragraph.
11.8.1.2 Delete paragraph.
11.8.1.4 Change to read “Reproduction costs for 15 sets of bidding documents, plus two sets of schematic documents.”