Canadian Standard Form

The Royal Architectural

of Contract Between
Institute of Canada Architect and Consultant

DOCUMENT NINE
2007 Edition

(Name of Project and Project Number)

(Name of Engineering or Consultant Discipline)

Affix
RAIC Authorization
Seal Here

©
2007 The Document within this cover is protected by copyright and when an RAIC authorization seal
is affixed, the contract is an authorized copy of the Canadian Standard Form of Contract Between
Architect and Consultant – Document Nine
Canadian Standard Form
of Contract Between
Architect and Consultant
DOCUMENT NINE
2007 Edition Contents

I. This Part of the Project

II. Administration, Coordination and Communication

1. Definitions

2. Responsibilities
2.1 Consultant's Responsibilities
2.2 Architect's Responsibilities

3. General Conditions
3.1 Professional Liability Insurance
This document has been endorsed by the Royal Architectural
3.2 Termination
Institute of Canada (RAIC). This document is currently
under review by the Association of Canadian Engineering 3.3 Successors and Assigns
Companies (ACEC). 3.4 Extent of Contract
Enquiries on the application and use of this document
should be directed to the Practice Advisors of the 4. Other Conditions
appropriate Provincial Association of Architects.

Suggestions on the development of standard contract Schedule A: Fees and Reimbursable Expenses
documents can be forwarded in writing to: A.1 Services
The Royal Architectural Institute of Canada A.2 Additional Services
Suite 330, A.3 Reimbursable Expenses
55 Murray Street
Ottawa, Ontario A.4 Payment Provisions
K1N 5M3 A.5 Statutory Holdback
info@raic.org
Schedule B: Schedule of Consultant's Services and Deliverables

© Copyright 2007 Appendix 1: Prime Contract

(Copy of the Client-Architect Contract or its Terms and Conditions )
Must not be copied in whole or in part without
written permission of the Royal Architectural
Institute of Canada. Appendix 2: Professional Liability Insurance

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© 2007 This document is protected by copyright. It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of
the Canadian Standard Form of Contract Between Architect and Consultant – Document Nine without an authorization seal constitutes an infringement of the copyright.
Canadian Standard Form of Contract
Between Architect and Consultant
DOCUMENT NINE 2007 Edition

To be used in conjunction with a Canadian Standard Form of Contract for Architectural Services, Document Six, or other
forms of Client/Architect Contracts approved by the RAIC and/or the provincial / territorial associations of architects.

Consultant Agreement
Made as of the day of in the year

Between the Architect:

(Include name and address)

and the Consultant:

(Include name and address)

for professional services

for This Part of the Project:
(Indicate discipline and scope of
services for this Part of the Project;
e.g. structural, mechanical,
electrical engineering)

The Architect has made a Contract, dated the day of in the year

with the Client:

(Include name and address of Client)

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© 2007 This document is protected by copyright. It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of
the Canadian Standard Form of Contract Between Architect and Consultant – Document Nine without an authorization seal constitutes an infringement of the copyright.
For the following Project:
(Include detailed description of
Project, location, address and scope)

which Contract is hereinafter referred to as the Prime Contract and which describes the provision of professional services and responsibilities in
connection with the Project. A copy of the Prime Contract, including Schedules of Services and Client Responsibilities, are attached and made part
of this Contract as Appendix 1. In respect of all professional services rendered by the Consultant under this Contract, the Consultant shall comply
with and be subject to all the terms and conditions of the Prime Contract applicable to the Architect, except to the extent otherwise provided in
this Agreement, and such terms and conditions of the Prime Agreement shall apply as applicable, that is, with the necessary changes having been
made.

The Architect has provided the Consultant with the program of requirements and construction budget furnished by the Client and the Consultant
acknowledges being informed as to the nature and extent of the services required.

The Architect and the Consultant agree as set forth in the following terms and conditions.

I. THE CONSULTANT shall provide for the Architect the following professional services which form part of the responsibilities of the
Architect to the Client under the attached copy of the Prime Contract (Appendix 1) and any other services included in Schedule B, Schedule
of Consultant's Services and Deliverables.
(describe the type of consulting services, including discipline and scope)

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© 2007 This document is protected by copyright. It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of
the Canadian Standard Form of Contract Between Architect and Consultant – Document Nine without an authorization seal constitutes an infringement of the copyright.
 The part of the Project for which the Consultant is to provide such services is herein called "This Part of the Project".
The Consultant is an independent contractor for This Part of the Project, responsible for methods and means used in performing the
Consultant's services under this Contract, and is not an employee, agent, partner of, or in joint venture with the Architect.

II. THE ARCHITECT shall be the general administrator and coordinator of the professional services for the Project, and shall facilitate,
together with the Consultant, the exchange of information among all the consultants listed in the Prime Contract as necessary for the
coordination of This Part of the Project.
Except as authorized by the Architect in writing, all communications between the Consultant and the Client, Contractor or other
consultants for the Project shall be forwarded through the Architect.

1. Definitions
1.1 Terms in this Contract
1.1 Terms in this Contract shall have the same meaning as those in the Prime Contract.

2. Responsibilities
2.1 Consultant's Responsibilities
2.1.1 The Consultant's services shall be performed according to this Contract with the Architect in the same manner and to the same extent that
the Architect is bound by the Prime Contract to perform such services for the Client with respect to This Part of the Project. Except as set
forth herein, the Consultant shall not have any duties or responsibilities for any other part of the Project.
2.1.2 The Consultant shall designate a representative authorized to act on the Consultant's behalf with respect to This Part of the Project.
2.1.3 The Consultant's services shall be performed in manner, sequence and timing so that they will be coordinated with those of the Architect
and other consultants for the Project.
2.1.4 The Consultant shall provide, at the Consultant's expense, progress copies of drawings, reports, specifications and other necessary
information to the Architect and other consultants for coordination and review. The Consultant shall coordinate all aspects of This Part of
the Project, and the Consultant shall also become familiar with all aspects of the Project designed by the Architect and other consultants
as necessary for the proper coordination of This Part of the Project.
2.1.5 The Consultant shall cooperate with the Architect in determining the proper share of the Construction Budget to be allocated to This Part
of the Project.
2.1.6 The Consultant shall provide Additional Services if authorized or confirmed in writing by the Architect beyond those set forth in the Prime
Contract.
2.2 Architect's Responsibilities
2.2.1 The Architect shall designate a representative authorized to act on the Architect's behalf with respect to This Part of the Project. The
Architect or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant
in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services.
2.2.2 The Architect shall pay professional fees and reimbursable expenses to the Consultant as set forth in Schedule A.

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© 2007 This document is protected by copyright. It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of
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3. General Conditions
3.1 Professional Liability Insurance
3.1.1 The Consultant shall during and after termination of this Contract, indemnify and save the Architect harmless from any and all claims,
actions, costs, expenses and fees resulting from failure on the part of the Consultant to fulfil the provisions of this Contract or resulting
from any negligence on the part of the Consultant or any of its employees or agents.
3.1.2 The Consultant shall obtain and maintain insurance of the types and to the extents and for the periods required under the Prime Contract or
as agreed otherwise.
3.1.3 The Consultant shall maintain comprehensive liability and professional errors and omissions insurance in accordance with the Certificate of
Insurance as attached Appendix 2 to this Contract.
3.2 Termination
3.2.1 This Contract shall be terminated at such time as the Prime Contract is terminated. The Architect shall promptly notify the Consultant of
such termination.
3.2.2 If the Consultant fails to provide services properly or fails to comply with the requirements of this Contract, the Architect may notify the
Consultant in writing that the Consultant is in default of the Consultant's contractual obligations and instruct the Consultant to correct
this default and to provide services in accordance with the terms of this Contract within seven (7) working days immediately following
receipt of such notice. If the Consultant fails to provide services in the time specified or subsequently agreed upon, without prejudice to
any other right or remedy, the Architect may terminate this Contract.
3.2.3 This Contract may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to
perform in accordance with the terms of this Contract through no fault of the party initiating the termination.
3.2.4 Unless the termination is the fault of the Consultant, the Consultant shall be compensated as set forth in the Prime Contract for all
services performed prior to receipt of written notice from the Architect of such termination.
3.3 Successors and Assigns
3.3.1 The Architect and the Consultant, respectively bind themselves, their partners, successors, assigns and legal representatives to the other
party to this Contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants
of this Contract. Except otherwise provided herein, neither the Architect nor the Consultant shall assign, sublet, or transfer an interest in
this Contract without the written consent of the other.
3.4 Extent of Contract
3.4.1 This Contract represents the entire and integrated agreement for This Part of the Project between the Architect and Consultant and may
be amended only by written instrument signed by both Architect and Consultant. Prior negotiations, either written or oral, are superseded
by this Contract.

4. Other Conditions
(insert other conditions here, or, a description and a reference to an attachment)

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This Contract entered into as of the day and year first above written

Architect
(affix corporate seal if applicable)

By _________________________________________________________________

Witness _________________________________________________________________

Consultant
(affix corporate seal if applicable)

By _________________________________________________________________

Witness _________________________________________________________________

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Schedule A:
Fees and Reimbursable Expenses
The Architect shall pay professional fees for services and reimbursable expenses, as follows:

A.1 Consultant's Services

A.1.1. FOR SERVICES, as described in the Prime Contract and described in Schedule B, Schedule of Consulting Services and Deliverables, as part
of the Services, compensation shall be computed as follows:
(insert basis of compensation, including hourly rates, and/or multiples of Direct Personnel Expense, fixed fee, or percentages of Construction Cost for This Part of
the Project; and identify phases to which particular methods and extents of compensation apply.)

A.2 Additional Services

A.2.1 FOR ADDITIONAL SERVICES, as described in the Prime Contract and other services not included in Schedule B, compensation shall be
computed as follows:
(Insert basis of compensation, including hourly rates and/or multiples of Direct Personnel Expense, for Principals and employees, and identify Principals and classify
employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.)

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the Canadian Standard Form of Contract Between Architect and Consultant – Document Nine without an authorization seal constitutes an infringement of the copyright.
A.3 Reimbursable Expenses
A.3.1. FOR REIMBURSABLE EXPENSES, as described in the Prime Contract, and others so described in Article 4, a multiple of
( 0.00 ) times the direct expenses incurred by the Consultant, the Consultant's employees and
subconsultants in the interest of the Project.

A.4 Payment Provisions

A.4.1 PAYMENT PROVISIONS for professional services and reimbursable expenses are as described in the Prime Contract, unless specified
otherwise herein, and include all applicable taxes.
(Insert such provisions of invoicing and payment as may apply, including timing and frequency of billing; manner and procedures for invoicing; conditions; progressive
invoicing; and interest.)

A.5 Statutory Holdback

A.5.1 Billings to and payment by the Architect in respect of the Consultant's professional services and reimbursable expenses shall be subject to
and reflect such statutory holdback as may be required by the applicable lien legislation at the Place of Work (not applicable in British
Columbia).

Schedule B:
Schedule of Consulting Services and Deliverables
(Append Schedule of Consulting Services and Deliverables)

Appendix 1:
Prime Contract
(Append Copy of Client-Architect Contract or the Prime Contract)

Appendix 2:
Professional Liability Insurance
(Append Certificate of Insurance)

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© 2007 This document is protected by copyright. It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of
the Canadian Standard Form of Contract Between Architect and Consultant – Document Nine without an authorization seal constitutes an infringement of the copyright.