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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES The Architect's Services consist of the four phases described below and include normal structural, mechanical and electrical engineering services and any other services included in Article 11 as related to a single Stipulated Sum Construction Contract. The extent of the Architect's duties and responsibili- ties and the limitations of his authority as assigned hereunder shall not be modified without his written consent. DESIGN PHASE 1.1 The Architect shall prepare Design Studies consist- ing of drawings and other documents for approval by the Owner, and shall submit to the Owner a Statement of Probable Construction Cost. `%./ CONSTRUCTION DOCUMENTS PHASE 1.2 The Architect shall prepare from the approved De- sign Studies, Drawings and Specifications setting forth in detail the requirements for the Project, and shall submit an adjusted Statement of Probable Construction Cost. 1.2.1 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.3 The Architect, following the Owner's approval of the Construction Documents and of the adjusted State- ment of Probable Construction Cost, shall assist the Owner in obtaining bids and in awarding the Construc- tion Contract. CONSTRUCTION PHASE 1.4 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.4.1 The Architect shall provide general Administration of the Construction Contract, as set forth below. 1.4.2 All of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall prepare all Change Orders. 1.4.3 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on -site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Con- tractor. The Architect shall not be required to make ex- haustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall not 'bl f construction means, methods, tech- niques, sequences or procedures, or for safety precau- tions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.4.4 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issu- ance of a Certificate for Payment shall constitute a repre- sentation by the Architect to the Owner, based on the Architect's observations at the site as provided in Sub- paragraph 1.4.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the Work is in ac- cordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Con- tract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Docu- ments correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Archi- tect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.4.5 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the impartial Judge of performance thereunder by both the Owner and Contractor, and shall make decisions on all claims of the Owner and Contractor relating thereto. 1.4.6 The Architect shall review and approve shop draw- ings, samples, and other submissions of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.4.7 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, and shall issue a final Certificate for Payment. 1.4.8 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or their agents or employees, or any other persons perform- ing any of the Work. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information, including a complete program, regarding his requirements for the Project. 2.2 The Owner shall furnish full information about and affecting the site, including a certified land survey, and be response a or . AIA DOCUMENT B1S1 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • FEBRUARY 1974 EDITION • AIA _ ,ruc ALACOICAM lNCTITUTF OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 2M 2