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DOCUMENT TYPE:
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YEAR:
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BOX NUMBER: :;)
FILE NUMBER: / ':J-9?-Lo
NUMBER OF PAGES: (p
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AlA Document 8727 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATIORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAITED AlA DOCUMENT MAY BE MADE BY USING AlA
DOCUMENT D40 1.
Recommended for use with current editions of standard AlA Agreement forms and documents.
Copyright 1972, 1979, 1988 by The American Institute of Architects, 1735 New York Avenue N,W., Washington D. C., 20006-5292. Reproduction of the material
herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the U.S, and will be subject to legal prosecution.
AGREEMENT
made as of the~9:~i1~(~~~ day of :~#e!~m~:ir in the year of Nineteen Hunmed and::N\D~!~4~iX .
BETWEEN the Owner:
(Name and address)
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and the Architect:
(Name and address)
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For the following Project:
(Include detailed description o/Project. location. address and scope.)
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The Owner and the Architect agree as set forth below.
AlA DOCUMENT 8727. OWNER-ARCHITECT AGREEMENT - 1988 ED1110N. AlA. COPYRIGHT 1988. THE AMERICAN INSTITUTE OF ARCHITECTS.
1735 NEW YORK A VENUE N.W., WASHINGTON D.C., 20006.5292.: Unlicensed photocopying yiolates U.S. copyright laws and is suhj~ct to kgall't"\)seclltion.
lllis d\lcll\ll~nt W:L' ekctt"\H1ically produced with pemlission of the AlA ami can h~ reproduc~d without violation untillh~ dat~ of ~xpiration as noted helow.
Electronic FOllnal 8717-llJXX
User Document: 8727RIFO.DOC -- 9/23/1996. AlA License Number 102745, which expires on 8/31/1997 n Page #1
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ARTICLE 1
ARCHITECT'S SERVICES
. (Here list those services to be provided by the Architect under the Tenns and Conditions of this Agreement. .Note under each service listed the method and means of
compensation to be used. if applicable. as provided in Article 8.)
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AlA DOCUMENT 8727. OWNER-..\RCHlTECT AGREEMENT. Ins EDITION. AlA. COPYRIGHT I9SR. THE AMERICAN INSTITUTE OF ARCHITECTS.
1735 NEW YORK ...\ VENUE N.W.. WASHINGTON D.C., 20006~5292.; Unlicensed photocopying \"i,>lalcs U.S. copyright laws allll is suhjectt\> kgall'r,',;c,'uti')Il.
111is document \\':1.< dectroni,'ally produced with permission ofthe AlA 'Uld can be reproduced \\'ithout \"i\>latiolluntil the date of expiration as noted hel,,\\'.
Electronic Forlllat B 727 -I 9XS
User Document: B727RIFO.DOC -- 9/23/1996. AlA License Number 102745, which expires on 8/31/1997 -- Page #2
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 2
OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project. The Owner shall furnish
required information as expeditiously as necessary for the
orderly progress of the Work, and the Architect s~all be
entitled to rely on the accuracy and completeness thereof.
2.2 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render
decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's
services.
ARTICLE 3
USE OF ARCHITECT'S DOCUMENTS
3.1 The documents prepared by the Architect for this Project
are instruments of the Architect's service for use solely with
respect to this Project and, unless otherwise provided, the
Architect shall be deemed the author of these documents and
shall retain all common law, statutory and other reserved
. rights, including the copyright. The Owner shall be permitted
to retain copies, including reproducible copies, of the
Architect's documents for the Owner's information, reference
and use in connection with the Project. The Architect's
documents shall not be used by the Owner or others on other
projects, for additions to this Project or for completion of this
Project by others, unless the Architect is adjudged to be in
default under this Agreement, except by agreement in writing
and with appropriate compensation to the Architect. ,
ARTICLE 4
ARBITRA TION
4.1 Claims, diSfl'..1tes or other matters iR ql:lestion betweeR the
J*lfties -ta -this .\;;reement -afisffig -oot -ef -ef relatiRg -ta-this-
^b'feement Of.ereaffi thereof -shall-be subj ect -te-aHf:! deciaed
by arbitration..ffi accordam:e v:ith -the Construction IndHstry
Arbitration ~ -ef -the .\merican ArlJitratioR .\sseciation
curreRtly in effect uRlass the parties RmtuallY-agFee otherv;ise.
4.2 A demaRd -ffif arbitration -shaH -be -ffia6e -WitffiR -a
reasoRaele -time.ffifef -the -€latHl; dispute -ef -eHleF -mattef*
question -has -arise&.- - -lR -He -eveffi -shaH -the demaild..fei:..
arbitr-atieR-be-matie.ffifef-the~ \\'ReR iRSti-tHtiOR-ef legal or
eq<<itable proceediRgs-&ased-eD~-€latHl; dispate-er~
ffiattef-iR questioR-woold-be barred by-the applicable stamtes
of limitatiens,
4.3 Ne 31bitratioR -afisffig -oot -ef -ef relating -ta -this-
.^..greemeRt -shaH iRch:lde, -ey ceRselidatioR, j oiRaer -er-iR-tmy-
9theF manaer, aR additioRal13ersoR or antity Rot a party to this
l\b'feement, ~-ey written consem containing -a specific
reference-ta-this .^.greement~-ey-the OV:Rer, Arcaitect
and any other person or entity SEH:lgh:t to-bejoined. CeRsent to
arbit:FatiOR inyol'lillg -an additienal-peFSOO-ef -effiity4tall~
constit1:lte conseRt to arbitratieR of.aay claim, diSflute or~
matteriR ql:lestioR Ret described iR -the written CORseRt er v:ith
a -peFSOO -ef -effiit;y -Ret -Hamed -ef described therein. - +he-
foregeiRg agreement -ta arbitrate -aHf:! -eHleF agreemeRts-te-
arbit:Fate 'l:ith-an additieRal perseR or entity duly c0RseRtea to
by -the i*ffiies -ta -this .\greement -shaH -be specificall:,'
enferceable.ffi accordance with applioable -law -iR -aRJ'-€em:t-
ImyiRg jl.Hisdiction thereof.
4.4 +he..awaffi reRaered by-the arbitrator or artJitrators-sfla.l.l-
ge.fffial;-aHf:! judgment -may-be entered :1pOR -it-iR accordar.ce
...:ith applicable law ill ail}' ceurt Raving jarisdictioR ti:ereof.
ARTICLE 5
TERMINATION OR SUSPENSION
5.1 This Agreement may be tenninated by eitiler party upon
not less than seven days' written notice should tile otiler party
fail substantially to perform in accordance with the temlS of
this Agreement through no fault of the party initiating tile
termination.
5.2 If the Owner fails to make payment when due tile
Architect for services and e:-..-penses, the Architect may, upon
seven days' written notice to the Owner, suspend perfoml~mce
of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
notice, the suspension shall take effect WitilOut further notice.
In the event of a suspension of services, tile Architect shall
have no liability to the Owner for delay or damage caused tile
Owner because of such suspension of services.
5.3 In tile event of tennination not tile fault of the Architect.
AlA DOCUMENT 8727. OWNER.ARCHtTECT AGREEMENT - 198& EDITION - AlA. COPYRIGHT 1988. THE Al\IERICAN INSTITUTE OF ARCHITECTS.
1735 NEW YORK .'\ VENUE N.W.. WASHINGTON D.C.. 20006.5292.; Unlic~nsed photocoPyinll \'iolat~s U.S. copyright laws and is subject to kgal prosecution.
'Illis document W'L' ekctronil.'ally produc~d with p~nllission ofth~ AI.-\ 'U1d can b~ r~prmtuc~d without \'iolation untilth~ dllt.: of .:xpiration as noled below.
Electronic Fonnat B 72 7 -19XX
User Document: 8727RIFO.DOC -- 9/23/1996. AlA License Number 102745, which expires on 8/31/1997 -- Page #3
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the Architect shall be compensated for services performed
prior to termination, together with Reimbursable Expenses
then due and all Termination Expenses as defined in
Paragraph 5.4.
5.4 TerminationExpenses shall be computed as a percentage
of the compensation earned to the time of tennination, as
follows:
.1 For services provided on the basis of a multiple of
Direct Personnel Expense, 20 percent of the total
Direct Personnel Expense incurred to the time of
termination; and
.2 For services provided on the basis of a stipulated
sum, 10 percent of the stipulated sum earned to the
time of termination,
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
6.2 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statute of limitations shall
commence to run not later than the date payment is due the
Architect pursuant to Paragraph 8.4.
6.3 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement. Neither
Owner nor Architect shall assign this Agreement without the
written consent of the other.
6.4 'This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior. negotiations, representations or agreements, either
written or oraL This Agreement may be amended only by
written instrument signed by both Owner and Architect.
6.5 Nothing contained in this Agreement shall .create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
in any form at the Project site, induding btt not limited to'
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
ARTICLE 7
PAYMENTS TO THE ARCHITECT
7.1 DIRECT PERSONNEL EXPENSE
7.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits. related thereto, such as
employment taxes and. other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions, and
similar contributions and benefits.
7.2 REIMBURSABLE EXPENSES
7.2.1 Reimbursable Expenses are in addition to the
Architect's compensation and include expenses incurred by
the Architect and Architect's employees and consultants in the
interest of the Proj ect for:
.1 expense -ef traRsportation -aaa..ffitffi.g e:ipcflses-ffi-
ooooection with 01:lt of lewR4faJfel authorized by the
GwaeF,-
.2 long distance cOffiffiooioaticlRs;
.3 fees paid for securing approval of authorities having
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of documents;
.6 expense of overtime work requiring higher than
regular rates, if authorized by the Owner;
.7 renderings and models requested by the Owner:
.8 eX1>ense of additional coverage or limits, including
professional liability insurance, requested by the
Owner in excess of that normally carried by the
Architect and the Architect's consultants: and
.9 E:;pcnse -ef OORlpHter aided .eestgH -aH-€l dr:1ftinS
eqaipRleRt 4-i+Re -wAeA -H5eG.ffi conncction ~ -ffie..
Pfejeet,
6.6 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal
or disposnl of or c:\1>osure of persons to hazardous materinls
AlA OOCUI..tENT B727 _ OWNER.ARCHITECT AGREEMENT - 19S~ EDITION. AlA. COPYRIGHT 19S~. THE AMERICAN INSTITUTE OF ...\RCHITECTS.
1735 NEW YORK A YENUE N.W., WASHINGTON D.C., 20006.5292.; Unlicensed photocopying violates U.S. copyright laws and is subj.:ctto kgall'n,sec'ut;\)n.
'nlis document w;\.< ekctronic'ally prodllc~d with p~nllission oflh.: AlA and can b.: r.:prodllc~d without violation untilth.: date of ~xpiralioll as not~ll hd\)\\".
Electronic Format 8727-1l)~~
User Document: 8727RIFO.DOC -- 9/23/1996. AlA License Number 102745, which expires on 8/31/1997 -- Page #4
7.3 PAYMENTS ON ACCOUNT OF THE
ARCHITECT'S SERVICES
. ..... .
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7.3.1 Paymeilts on aecount of the Architect's services and
for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered
or as otherwise provided in this Agreement.
7.4 ARCHITECT'S ACCOUNTING RECORDS
7.3.2 An initial payment as set forth in Paragraph 8.1 is the
minimum payment under this Agreement.
7.4.1 Records of Reimbursable Expenses and e.\:penses
pertaining to services performed on the basis of a multiple of
Direct Personnel Expense shall be available to the Owner or
the Owner's authorized representative at mutually convenient
times.
ARTICLE 8
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
8.1 AN INITIAL PAYMENT OF ~erO Dollars ($9.:98 ) shall be made upon execution of this Agreement and credited to the
O\vnerls account at fmal payment. . '.
8.2 COtvIPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as
follows:
(Insert basis of compensation. including stipulated sums multiples or percentages. and identify the services to which particular methods of compensation apply. if
necessary.)
~F:\P:H\~1~9:gHm~:: :~8:;~99\P8
8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable
Expenses, a multiple of 8h~:~n#=9Q~ot#'8th ( ) times the expenses incurred by the Architect, the Architect's employees and
consultants in the interest 6fthePi6ject..' .
8.4 Payments are due and payable ttft~~p (j'~) days from the date of the Architect's invoice. Amounts unpaid fbl~Y (3.9:) days
after the invoice date shall bear interesfrit th6Hiate entered below, or in the absence thereof, at the legal rate prevailirigfrorri time to
time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Usury laws 'ami re(jldrements under the Federal Truth in Lending Ac'. similar state and local consumer credit laws and other regulations at the OWl/a's (II/(I
Architect's pril/cipal places of busil/ess. the location of the Project and elsewhere may affect the validity of this provisioll. Specific legal advice s/rol//d be obtail/ed
with respect to deletions or modifications. and also regarding other ~equirements such as written disclosures or waivers.)
8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amotUlts of compensation shall be
equitably adjusted.
ARTICLE 9
AlA DOCUMENT 8727. OWNER.ARCHITECT AGREEMENT. Ins EDITION. AlA - COPYRIGHT 1988. THE AMERICAN INSTITUTE OF ARCHITECTS.
1735 NEW YORK AVENUE N.W.. WASHINGTON D.C., 20006.5292.: Unlic~ns~d photocopying violates U.S. copyright laws and is suhjcct h) kgal pr,)sc,'uli"Il.
'Illis d,)cumellt was electronically produc~d with p~nnissioll ofth~ AlA ;ulll can h~ r~produc~d without violation ulltil th~ dat~ of ~xpiratioll as Il(lt~d hel,)w.
Electronic Formal 8727-1lJXX
User Document: 8727RIFO.DOC -- 9/23/1996. AlA License Number 102745, which expires on 8/31/1997 -- Page #5
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OTHER CONDITIONS
This Agret;:ment entered into as of the day and year fIrst written above.
8?~~I#W.;~~i\ii'N1
(P riiiied;iiimeiiiid iiiiii)
AlA DOCLl~IE]\,T 8727. OWNER.ARCHITECT AGREEMENT - Ins EDITION - AlA. COPYRIGHT Ins. THE AMERICAN INSTITUTE OF .-\Rl'llITECTS.
1735 NEW YORI\: .-\VENUE N.W.. WASHINGTON D.C.. 20006-5292.; Unlicensed photocopying violates U.S. copyrighllaws and is subject III k!,:aJ pn>se,'util'n.
-nlis dO"lllnellt was de..tn>nicall~' pn1duced with permission ofthe AlA amI call be reproduced without violation until the date of expiralion as noted 1,,1\)\\'.
Electronic Formal B 727-llJXX
User Document: 8727RIFO.DOC -- 9/23/1996. AlA license Number 102745, which expires on 8/31/1997 -- Page #6