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DRAFT
<br />AIA Document B105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American
<br />Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This
<br />draft was produced at 15:02:31 ET on 10/04/2023 under Order No.2114440389 which expires on 06/01/2024, is not for resale, is licensed for
<br />one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-
<br />mail docinfo@aiacontracts.com.
<br />User Notes: (1953515632)
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<br />ARTICLE 1 ARCHITECT’S RESPONSIBILITIES
<br />The Architect shall provide architectural services for the Project as described in this Agreement. The Architect shall
<br />perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the
<br />same or similar locality under the same or similar circumstances. The Architect shall perform its services as
<br />expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The
<br />Architect shall assist the Owner in determining consulting services required for the Project. The Architect’s services
<br />include the following consulting services, if any:
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<br />«Structural engineering »
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<br />During the Design Phase, the Architect shall review the Owner’s scope of work, budget and schedule and reach an
<br />understanding with the Owner of the Project requirements. Based on the approved Project requirements, the
<br />Architect shall develop a design, which shall be set forth in drawings and other documents appropriate for the
<br />Project. Upon the Owner’s approval of the design, the Architect shall prepare Construction Documents indicating
<br />requirements for construction of the Project and shall coordinate its services with any consulting services the Owner
<br />provides. The Architect shall assist the Owner in filing documents required for the approval of governmental
<br />authorities, in obtaining bids or proposals, and in awarding contracts for construction.
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<br />During the Construction Phase, the Architect shall act as the Owner’s representative and provide administration of
<br />the Contract between the Owner and Contractor. The extent of the Architect’s authority and responsibility during
<br />construction is described in AIA Document A105™–2017, Standard Short Form of Agreement Between Owner and
<br />Contractor. If the Owner and Contractor modify AIA Document A10 5–2017, those modifications shall not affect the
<br />Architect’s services under this Agreement, unless the Owner and Architect amen d this Agreement.
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<br />ARTICLE 2 OWNER’S RESPONSIBILITIES
<br />The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the
<br />Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The
<br />Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly
<br />progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner’s
<br />information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project,
<br />such as surveying, which shall include property boundaries, topography, utilities, and wetlands information;
<br />geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in
<br />the type of Project to be constructed, to perform the construction Work and to provide price information.
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<br />ARTICLE 3 USE OF DOCUMENTS
<br />Drawings, specifications and other documents prepared by the Architect are the Architect’s Instruments of Service,
<br />and are for the Owner’s use solely with respect to constructing the Project. The Architect shall retain all common
<br />law, statutory and other reserved rights, including the copyright. Upon completion of the construction of the Project,
<br />provided that the Owner substantially performs its obligations under this Agreement, the Architect grants to the
<br />Owner a license to use the Architect’s Instruments of Service as a reference for maintaining, altering and adding to
<br />the Project. The Owner agrees to indemnify the Architect from all costs and expenses related to claims arising from
<br />the Owner’s use of the Instruments of Service without retaining the Architect. When transmitting copyright-
<br />protected information for use on the Project, the transmitting party represents that it is either the copyright owner of
<br />the information, or has permission from the copyright owner to transmit the information for its use on the Project.
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<br />ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT
<br />In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be
<br />compensated for services performed. The Owner’s failure to make payments in accordance with this Agreement
<br />shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate
<br />services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days’
<br />written notice if the Project is suspended for more than 90 days, or if the o ther party substantially fails to perform in
<br />accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall
<br />terminate one year from the date of Substantial Completion .
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<br />ARTICLE 5 MISCELLANEOUS PROVISIONS
<br />This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement
<br />shall have the same meaning as those in AIA Document A105 –2017, Standard Short Form of Agreement Between
<br />DocuSign Envelope ID: 3784B9F6-E281-4738-AA2C-55C8784C6045
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