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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
<br />ARTICLE 2
<br />ARCHITECTS DISCLOSURE AND
<br />SPECIAL RESPONSIBILITIES
<br />2.1 Except with the Owner's knowledge and consent, the
<br />Architect shall not (1) accept trade discounts, (2) have a
<br />significant financial interest, or (3) undertake any activity or
<br />employment or accept any contribution, if it would
<br />reasonably appear that such activity, employment, interest or
<br />contribution could compromise the Architect's professional
<br />judgment or prevent the Architect from serving the best
<br />interests of the Owner.
<br />2.2 The Architect's services shall be performed as
<br />expeditiously as is consistent with professional skill and care
<br />and the orderly progress of the Work.
<br />2.3 The Architect shall not have control over or charge
<br />of and shall not be responsible for the means, methods,
<br />techniques, sequences or procedures of construction,
<br />fabrication, procurement, shipment, delivery or installation,
<br />or for safety precautions and programs in connection with the
<br />Work, since these are solely the Contractors' responsibility
<br />under their respective Contracts. The Architect shall not be
<br />responsible for the Contractors' schedules or failure to carry
<br />out the Work or to meet their schedules for delivery or
<br />completion in accordance with the Contract Documents.
<br />2.4 Unless otherwise provided, the Architect's duties
<br />shall not extend to the receipt, inspection and acceptance on
<br />behalf of the Owner of furniture, furnishings and equipment
<br />at the time of their delivery to the Project premises and
<br />installation.
<br />ARTICLE 3
<br />OWNER'S RESPONSIBILITIES
<br />3.1 The Owner shall provide full information regarding
<br />requirements for the Project.
<br />3.2 The Owner shall furnish all legal, accounting and
<br />insurance counseling services as may be necessary at any
<br />time for the Project, including auditing services the Owner
<br />may require to verify the Contractors' Applications for
<br />Payment or to ascertain how or for what purposes the
<br />Contractors have used the money paid by or on behalf of the
<br />Owner.
<br />3.3 The drawings, specifications, services, information,
<br />surveys and reports provided by the Owner pertaining to the
<br />Project shall be furnished at the Owner's expense, and the
<br />Architect shall be entitled to rely upon the accuracy and
<br />completeness thereof.
<br />3.4 Prompt written notice shall be given by the Owner to
<br />the Architect if the Owner becomes aware of- any- fault or -
<br />defect in the Project or nonconformance with the Contract
<br />Documents.
<br />3.5 The proposed language of certificates or
<br />certifications requested of the Architect or the Architect's
<br />consultants shall be submitted to the Architect for review and
<br />approval at least 14 days prior to execution. The Owner shall
<br />not request certifications that would require knowledge or
<br />services beyond the scope of this Agreement.
<br />3.6 The Owner shall provide suitable space for the
<br />receipt, inspection and storage of materials, furniture,
<br />furnishings and equipment.
<br />ARTICLE 4
<br />COST OF THE WORK
<br />4.1 DEFINITION
<br />4.1.1 The Cost of the Work shall be the total cost or
<br />estimated cost to the Owner of all elements of the Project
<br />designed or specified by the Architect, including the costs of
<br />the Contractors' management or supervision of construction
<br />or installation.
<br />4.1.2 The Cost of the Work shall include the cost at
<br />current market rates of labor, materials, furniture, furnishings
<br />and equipment furnished by the Owner, and equipment
<br />designed, specified, selected or specially provided for by the
<br />Architect, including the costs of the Contractors' management
<br />or supervision of construction or installation, plus a
<br />reasonable allowance for the Contractors' overhead and
<br />profit. In addition, a reasonable amount for contingencies
<br />shall be included for market conditions at the time of bidding
<br />and changes in the Work during the Contract Administration
<br />Phase.
<br />4.1.3 The Cost of the Work does not include the
<br />compensation of the Architect and Architect's consultants, the
<br />cost of financing or other costs which are the responsibility of
<br />AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE
<br />AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying
<br />violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced
<br />without violation until the date of expiration as noted below.
<br />Electronic Format B177 -1990
<br />User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #3
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