1、The Owner and Architect agree as set forth below. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1-ARCHITECTS RESPONSIBILITIES1.1 ARCHITECTS SERVICES1.1.1 The Architects services consist of those services performed bythe Architect, Architects employees and Architects consultan
2、ts asenumerated in Articles 2 and 3 of this Agreement and any other servicesincluded in Article 12.1.1.2 The Architects services shall be performed as expeditiously as isconsistent with professional skill and care and the orderly progress of theWork. Upon request of the owner, the Architect shall su
3、bmit for the Ownersapproval a schedule for the performance of the Architects services whichmay be adjusted as the Project proceeds, and shall include allowances forperiods of time required for the Owners review and for approval ofsubmissions by authorities having jurisdiction over the Project. Timel
4、imits established by this schedule approved by the owner shall not, exceptfor reasonable cause, be exceeded by the Architect or Owner.1.1.3 The services covered by this Agreement are subject to the timelimitations contained in Subparagraph 11.5.1.ARTICLE 2-SCOPE OF ARCHITECTS BASIC SERVICES2.1 DEFIN
5、ITION2.1.1 The Architects Basic Services consist of those described inParagraphs 2.2 through 2.6 and any other services identified in Article 12as part of Basic Services, and include normal structural, mechanical andelectrical engineering services.2.2 SCHEMATIC DESIGN PHASE2.2.1 The Architect shall
6、review the program furnished by the Owner toascertain the requirements of the Project and shall arrive at a mutualunderstanding of such requirements with the Owner.2.2.2 The Architect shall provide a preliminary evaluation of the Ownerprogram, schedule and construction budget requirements, each in t
7、erms of theother, subject to the limitations set forth in Subparagraph 5.2.1.2.2.3 The Architect shall review with the Owner alternative approaches todesign and construction of the Project.2.2.4 Based on the mutually agreed-upon program, schedule and constructionbudget requirements, the Architect sh
8、all prepare, for approval by the Owner,Schematic Design Documents consisting of drawings and other documentsillustrating the scale and relationship of Project components.2.2.5 The Architect shall submit to the Owner a preliminary estimate ofConstruction Cost based on current area, blouse or other un
9、it costs.2.3 DESIGN DEVELOPMENT PHASE2.3.1 Based on the approved Schematic Design Documents and any adjustmentsauthorized by the Owner in the program, schedule or construction budget, theArchitect shall prepare, for approval by the Owner, Design DevelopmentDocuments consisting of drawings and other
10、documents to fix and describe thesize and character of the Project as to architectural, structural, mechanicaland electrical systems, materials and such other elements as may beappropriate.2.3.2 The Architect shall advise the Owner of any adjustments to thepreliminary estimate of Construction Cost.2
11、.4 CONSTRUCTION DOCUMENTS PHASE2.4.1 Based on the approved Design Development Documents and any furtheradjustments in the scope or quality of the Project of in the constructionbudget authorized by the Owner, the Architect shall prepare, for approval bythe Owner, Construction Documents consisting of
12、Drawings and Specificationssetting forth in detail the requirements for the construction of the Project.2.4.2 The Architect shall assist the Owner in the preparation of the necessarybidding information, bidding forms, the Conditions of the Contract, and theform of Agreement between the Owner and Con
13、tractor.2.4.3 The Architect shall advise the Owner of any adjustments to previouspreliminary estimates of Construction Cost indicated by changes inrequirements or general market conditions.2.4.4 The Architect shall assist the Owner in connection with the Ownerresponsibility for filing documents requ
14、ired for the approval of governmentalauthorities having jurisdiction over the Project.2.5 BIDDING OR NEGOTIATION PHASE2.5.1 The Architect, following the Owners approval of the ConstructionDocuments and of the latest preliminary estimate of Construction Cost, shallassist the Owner in obtaining bids o
15、r negotiated proposals and assist inawarding and preparing contracts for construction.2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT2.6.1 The Architects responsibility to provide Basic Services for theConstruction Phase under this Agreement commences with the award of theContract
16、 for Construction and terminates at the earlier of the issuance tothe Owner of the final Certificate for Payment or 60 days after the date ofSubstantial Completion of the Work.2.6.2 The Architect shall provide administration of the Contract forConstruction as set forth below and in the edition of AI
17、A Document A201,General Conditions of the Contract for Construction, current as of the dateof this Agreement, unless otherwise provided in this Agreement.2.6.3 Duties, responsibilities and limitations of authority of the Architectshall not be restricted, modified or extended without written agreemen
18、t ofthe Owner and Architect with consent of the Contractor, which consent shallnot be unreasonably withheld.2.6.4 The Architect shall be a representative of and shall advise andconsult with the Owner (1) during construction until final payment to theContractor is due, and (2) as an Additional Servic
19、e at the Owners directionfrom time to time during the correction period described in the Contract forConstruction. The Architect shall have authority to act on behalf of theOwner only to the extent provided in this Agreement unless otherwisemodified by written instrument.2.6.5 The Architect shall vi
20、sit the site at intervals appropriate to thestage of construction or as otherwise agreed by the Owner and Architect inwriting to become generally familiar with the progress and quality of the Workcompleted and to determine in general if the Work is being performed in amanner indicating that the Work
21、 when completed will be in accordance with theContract Documents. However, the Architect shall not be required to makeexhaustive or continuous on-site inspections to check the quality or quantityof the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner inf
22、ormed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficienciesin the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.)2.6.6 The Architect shall not have control over or charge of
23、 and shall not beresponsible for construction means, methods, techniques, sequences orprocedures, or for safety precautions and programs in connection with theWork, since these are solely the Contractors responsibility under theContract for Construction. The Architect shall not be responsible for th
24、eContractors schedules or failure to carry out the Work in accordance withthe Contract Documents. The Architect shall not have control over or chargeof acts or omissions of the Contractor, Subcontractors, or their agents oremployees, or of any other persons performing portions of the Work.2.6.7 The
25、Architect shall at all times have access to the Work wherever itis in preparation or progress.2.6.8 Except as may otherwise be provided in the Contract Documents or whendirect communications have been specially authorized, the Owner andContractor shall communicate through the Architect. Communicatio
26、ns by andwith the Architects consultants shall be through the Architect.2.6.9 Based on the Architects observations and evaluations of thes Applications for Payment, the Architect shall review and certifythe amounts due the Contractor.2.6.10 The Architects certification for payment shall constitute a
27、representation to the Owner, based on the Architects observations at thesite as provided in Subparagraph 2.6.5 and on the data comprising thes Application for Payment, that the Work has progressed to thepoint indicated and that, to the best of the Architects knowledge,information and belief, quality
28、 of the Work is in accordance with theContract Documents. The foregoing representations are subject to anevaluation of the Work for conformance with the Contract Documents uponSubstantial Completion, to results of subsequent tests and inspections, tominor deviations from the Contract Documents corre
29、ctable prior to completionand to specific qualifications expressed by the Architect. The issuance of aCertificate for Payment shall further constitute a representation that theContractor is entitled to payment in the amount certified. However, theissuance of a Certificate for Payment shall not be a
30、representation that theArchitect has (1) made exhaustive or continuous on-site inspections to checkthe quality or quantity of the Work, (2) reviewed construction means,methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received from Subcontractors and material suppliers and otherdata requ