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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT <br />ARTICLE 1 <br />ARCHITECT'S RESPONSIBILITIES <br />1.1 ARCHITECT'S SERVICES <br />1.1.1 The Architect's services consist of those services per- <br />formed by the Architect, Architect's employees and Architect's <br />consultants as enumerated in Anicles 2 and 3 of this Agreement <br />and any other services included in Article 12. <br />1.1.2 The Architect's services shall be performed as expedi- <br />tiously as is consiseem with prolessional skill and care and the <br />orderly progress of the Work. <br />1.1.3 The services covered by this Agreement are subject to <br />[he cime limita[ions contained in Subparagraph 11.5.1. <br />ARTICLE 2 <br />SCOPE OF ARCHITECT'S BASIC SERVICES <br />2.1 DEFINITION <br />2.1.1. The Architect's Basic Services consist of those described <br />under the three phases identified below, any other services <br />identified in Article 12, and include normal structural, mechani- <br />cal and electrical engineering services. <br />2.2 DESIGN PHASE <br />2.2.1 The Architect shall reviea• a•ith the Owner altemative <br />approaches to design and construction of the Project. <br />2.2.2 Based on the mutuall), agreed-upon program, schedulc <br />and construction budget requirements, the Architect shall <br />prepare, for approval by the Owner, Design Documents con- <br />-. sisting of drawings and other documents appropriate for the <br />Project, and shall submit to the Oa•ner a preliminary estimate of <br />Construction Cost. <br />2.3 CONSTRUCTION DOCUMENTS PHASE <br />2.3.1 Based on the approved Design Documents, the Architect <br />shall prepare, for approval b), the Owner, Construction Docu- <br />ments consisting of Dra?vings and Specifications setting forth in <br />detail the requirements for the consvuction of the Project and <br />shall ad.•ise the Oa•ner of am• adjustments to previous <br />preliminar), estimares of Construction Cost. <br />2.3.2 The Archirect shall assist the Owner in connection a-ith <br />the Oa•ner's responsibility for filing documents reyuired for <br />the approval of govemmental authorities having jurisdiction <br />over the Project. <br />2.3.3 t;nless provided in Article 12, the Architect, followinR <br />the Owner's aPproval of the Construction Documents and of <br />the latest preliminan• estimate of Construction Cost, shall assist <br />the Oa-ner in obtaining bids or negotiated proposals and assist <br />in aa•arding and rreparing contracts for construction. <br />2.4 CONSTRUCTION PHASE-ADMINISTRATION <br />OF THE CONSTRUCTION CONTRACT <br />2.4.1 The Architect's responsibiliry to provide Ba,eic Services <br />for the Construction Phase under this Agreement commences <br />with the award of the Contract for Conswction and terminates <br />ac the earlier of issuance to che Owner of the finai Cenificace for <br />Payment or 60 days after the date ot Substantial Completion of <br />the VG'ork. <br />2.4.2 The Architect shall provide administration of the Con- <br />tract for Construction at set fonh bele»• and in the edition of <br />AlA Document A201, Genrral C<>nditions of the Cc>ntract fur <br />Construction, current as of the date of this Agrrrment. <br />2.4.3 Duties, iesponsibilities and limir.uions of authc>rit), of the <br />Architect shall not be restrictrd, modified or extended a•ithout <br />a•ritten agreement of the Owner and Architect a•ith consent of <br />the Contractor, a•hich consent shall not be unreascmabh- <br />w-ithheld. ? <br />2.4.4 The Architect shall be a representatice of aiid shafl advise <br />and consult with the Oa•ner (1) durinR construction until final <br />payment to the Contractor is due and (2) ae an Additional Ser- <br />cice at the Owner's direction from time to time during the cor- <br />rection period described in the Contraa for Construction. <br />2.4.5 The Architect shall x•isit the site at intervals appropriate <br />to the stage of construction or as othcra•ise agreed bv the <br />Oa•ner and Archirect in a•riting to become generallv familiar <br />with ihe progress and qualit}• of the u'ork completed and to <br />decermine in general if the VC'ork is being performed in a man- <br />ner indicating that the Vi'ork when completed a•ill be in accor- <br />dance a•i[h the Contract Documents. However, the Architea <br />shall not be required to make exhaustive or continuous on-site <br />inspections ro check the quality or quantit)• of the Vi'ork. On <br />the basis of on-site observations as an architect, the Architect <br />shall keep the Owner informed of the progress and quality of <br />the Work, and sha11 endeavor to guard the Owner against <br />defects and deficiencies in the u'ork. (More e.rtensive site <br />represenlation nra), be agreed to as an Additiorau! Serrice, ac <br />described in Parabr-aph 3.2.) <br />2.4.6 The Architect'stia11 not have control over or charge of <br />and shall not be responsible for constructicm means, methodti, <br />techniyues, sequenees or procedures, or for safet)• precauti<ms <br />and programs in connection a•ith the V('ork, since these are <br />soleh• the Contractor's responsibility under the Cemtract fe>r <br />Construction. The Architect shall not be responsihle for the <br />Contrac[or's schedules or failure to carr), out thr Vi'<>rk in <br />accordance with the Contract Documents. The Architect sh:ill . <br />not have control over or charge of acts or omissions of thc <br />Contractor, Suhcontractors, or their agents or emplovres, or of <br />any other persons performing ponic>ns of the \F"<>rk. <br />2.4.7 The Architect shall at all times have access to the Work <br />a•herever it is in preparation or progress. <br />2.4.8 Based on the Architect's obsen•ations and evaluations of <br />the Contractor's ApPlications for Pavment, the Architect shall <br />review and certify the amounts due the Contractc>r. <br />2.4.9 The Architect's certification for payment shall consti[ute <br />a representation to the Owner, based on the Architect's obser- <br />vatiuns at the site as provided in Subparagraph 2.4.5 and on the <br />AIA DOCUMENT 8151 • ABHREVIATED OWNER-ARCHITECTAGREEAIENT • THIRD EDITIOS • AIAF • C 198' <br />THE AMERICAN INSTITCTE OF ARCHITECTS, 1735 NEVi' YORK A\'EKUE, N.Vi . V:1SHl\GTO\, D.C 201NK, 8151-1987 2