RIDGE VIEW COMMONS - CONSTRUCTION LOAN

Terms and Conditions of Agreement Between Owner and Architect ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES The Architect's Basic Services are as described under the four Phases Identified below and in Article 10, and unless otherwise provided in Article 10 include normal structural, mechanical and elec- trical engineering services. 1.1 DESIGN PHASE 1.1.1 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.2 Based on the mutually accepted program, the Ar- chitect shall prepare, for approval by the Owner, Design Documents consisting of drawings and other documents appropriate for the Project. 1.2 CONSTRUCTION DOCUMENTS PHASE 1.2.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Con- struction Documents consisting of Drawings and Specifi- cations setting forth in detail the requirements for the construction of the Project. 1.2.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.3 BIDDING OR NEGOTIATION PHASE 1.3.1 Unless provided in Article 10, the Architect, fol- lowing the Owner's approval of the Construction Docu- ments, shall assist the Owner in obtaining bids or nego- tiated proposals and in awarding contracts for construc- tion. 1.4 CONSTRUCTION PHASE— ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.4.1 The Construction Phase will commence with the award of the Contract for Construction and will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.4.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.4.3 The Architect shall be a representative of the Owner during the Construction Phase. Instructions to the Contractor shall be forwarded through the Architect. 1.4.4 The Architect shall visit the site at intervals appro- priate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to deter- mine in general if the Work is proceeding in accordance AIA DOCUMENT 8181 • OWNER.ARCHITECT AGREEMENT FOR HOUSING SERVICES • IUNE 1978 EDITION • AIAa © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006 with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.4.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.4.6 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 1.4.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Pay- ment, and shall issue Certificates for Payment in such amounts. 1.4.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.4.4 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated; the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Com- pletion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents 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. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.4.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor, and shall render written decisions on all claims, disputes and other matters in question between the Owner and the Contractor. In the capacity of inter- preter and judge, the Architect shall endeavor to secure faithful performance by both the Owner and the Contrac- tor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents, and will have authority to require special inspection or testing of the Work whenever, in the Architect's reasonable opin- 8181 -1978 2