Common use of ARCHITECT’S RESPONSIBILITIES Clause in Contracts

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural Services. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s representative authorized to act on behalf of the Architect with respect to the Project is Identified in §1.

ARCHITECT’S RESPONSIBILITIES. § 2.1 1.1 The Architect shall provide the following professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural Services. services: § 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.2.1 Within four (4) weeks after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The Architect will perform this Agreement schedule initially shall include anticipated dates for the commencement of services and render decisions in a timely manner to avoid delay for Substantial Completion of the Work as set forth in the progress Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Project Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Work of the ContractorProject. The Architect shall work cooperatively to obtain for the Owner the improvements covered Once approved by the Owner’s program and scope of Work at , time limits established by the lowest cost consistent with quality workmanshipschedule shall not, materialsexcept for reasonable cause, and durabilitybe exceeded by the Architect or Owner. The Architect shall, at no cost to With the Owner’s approval, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of this Agreementconstruction. § 2.3 1.3 The Architect’s Architect identifies the following representative authorized to act on behalf of the Architect with respect to the Project is Identified Project. § 1.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in §1any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3. § 1.5.1 Commercial General Liability with policy limits of not less than ($ ) one million dollars ($1,000,000) for each occurrence and ($ ) one million dollars ($1,000,000) in the aggregate for bodily injury and property damage. § 1.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay shall satisfy the requirements for the lawful practice of architecture in the progress of state where the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreementis located. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. The representative shall be a Principal in Charge. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect shall furnish to the Owner annually, unless otherwise requested, during the active terms of this Agreement, a certificate from an Insurance Carrier authorized to do business in the location of the Project indicating: 1) the existence of the insurance required under this section; 2) the amount of deductible; and 3) the amount of coverage of such insurance. The Architect shall submit a Certificate of Insurance covering the Professional Liability Insurance requirement for one year beyond the Substantial Completion Date of the Xxxxxxx.Xxxx During any period in which the Architect is Identified not in §1compliance with the terms of this Article, no compensation will be paid by the Owner to the Architect. It is agreed that the Architect will indemnify and hold harmless the Owner, its officers, its employees and its Designated Representative from any claim or liability of any type, including, without limitation, loss of use, reasonable counsel fees and defense costs, resulting from the Architect’s negligence or that of its employees or subcontractors, in the performance of work under this contract. In the event that the Architect is requested and refuses to honor the indemnity provisions hereunder, then, in addition to all other obligations, and upon adjudication of the Architect’s liability for indemnification, the Architect shall pay the cost of bringing any such action, including attorney’s fees, to the Owner. § 2.5.1 Commercial General Liability with policy limits of not less than «One Million dollars » ($ «1,000,000 » ) for each occurrence and «Two Million dollars » ($ «2,000,000 » ) in the aggregate for bodily injury and property damage. § 2.5.1.1 The Architect shall secure and maintain at its sole cost and expense, adequate General Liability Insurance to protect the Owner and its employees against claims arising out of the Architect’s services during the design and construction of the Project for damages in law or equity for property damage and personal injury, including wrongful death. The Owner shall be named as an additional insured in the policy and the Architect shall submit a

ARCHITECT’S RESPONSIBILITIES. § 2.1 1.1 The Architect shall provide the following professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural Services. services: § 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.2.1 Within four (4) weeks after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The Architect will perform this Agreement schedule initially shall include anticipated dates for the commencement of services and render decisions in a timely manner to avoid delay for Substantial Completion of the Work as set forth in the progress Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Project Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Work of the ContractorProject. The Architect shall work cooperatively to obtain for the Owner the improvements covered Once approved by the Owner’s program and scope of Work at , time limits established by the lowest cost consistent with quality workmanshipschedule shall not, materialsexcept for reasonable cause, and durabilitybe exceeded by the Architect or Owner. The Architect shall, at no cost to With the Owner’s approval, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of this Agreementconstruction. § 2.3 1.3 The Architect’s Architect identifies the following representative authorized to act on behalf of the Architect with respect to the Project is Identified Project. § 1.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in §1any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3. § 1.5.1 Commercial General Liability with policy limits of not less than «one million dollars» ($«1,000,000») for each occurrence and «one million dollars» ($«1,000,000») in the aggregate for bodily injury and § 1.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by th limits of not less than «one million dollars» ($ «1,000,000» ) per accident for bodily injury, property damage arising out of the ownership, maintenance and use of those motor vehicles statutorily required automobile coverage. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement Owner shall be entitled to reasonably rely on the accuracy and render decisions in a timely manner to avoid delay in the progress completeness of the Project services and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered information provided by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this AgreementArchitect. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall purchase and maintain from an insurance company or insurance companies lawfully authorized to do business in Indiana the following insurance until termination of this Agreement policies which afford the coverages set forth below. This insurance shall be written for not less than the limits of liability specified below or required by law, whichever coverage is greater. Each policy must be endorsed to provide that the policy will not be canceled until at least thirty (30) days’ prior written notice has been provided to the Owner, and Architect shall provide proof of insurance at each subsequent renewal of coverage. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than « » ($ « » ) for each occurrence and « » ($ « » ) in the aggregate for bodily injury and property damage.: The Commercial General Liability Policy must be endorsed to provide that the general aggregate amount applies separately to each of Architect’s separate projects. ISO Endorsement CG2503 Per Project is Identified Endorsement or its equivalent shall be used to satisfy this requirement. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «One Million Dollars » ($ «1,000,000 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and eExcess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in §1the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy of not less than $5,000,000.00 each occurrence. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 1.1. The Architect shall provide professional Architects’ services consist of those services performed by the Architect, Architects’ employees, and Architect’s consultants as set forth enumerated in Articles 2 and 3 of this Agreement and any other services as provided in Attachment "A", RFP [ ] for Architectural ServicesArticle 12 of this Agreement. 1.2. The Architect’s services shall be performed by architects who are duly registered and licensed in the State of Nebraska. 1.3. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall will perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect Architect’s services shall perform its services be performed as expeditiously as is consistent with such professional skill and care and care, the orderly progress of the Project. The Architect will perform this Agreement Architect's Work and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’ services for each Project as provided in Paragraph 2.2.12 hereof, which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner’s review and approval of submissions by the Architect and for approvals by authorities having jurisdiction over each Project and for obtaining required approvals of Owner's Board of Education. The approved schedule shall be deemed a part of this Agreement. The Architect shall not exceed time limits established by the approved schedule unless the Owner agrees in writing to a modification of the schedule. § 2.3 1.4. The ArchitectArchitect covenants with the Owner to furnish its professional skill and judgment, pursuant to the professional standard of care set forth in this Agreement, and to cooperate with the Owner in furthering the Owner’s representative authorized best interests. 1.5. The Architect agrees to act on behalf furnish efficient administration, observation, and inspection, as defined in paragraph 1.5.1, for each Project and to perform all duties in the soundest, most expedient, exemplary, and economical manner consistent with the interests of the Owner. 1.5.1. Required observations and inspections shall include all observations and inspections required by Architects standard of care. 1.6. The Architect will support the Owner's efforts to implement the economic inclusion programs for the design and construction phases of the Projects. The Architect will also support the Owner's efforts with contractors to implement economic inclusion programs for the construction of the Projects. 1.7. The Architect will indemnify, hold harmless, and protect the Owner against any loss, damage, claim, liability, and cost, including attorneys' fees, proximately caused by any negligent error or omission in the performance of any professional services or in any plan or specification within the responsibility of the Architect or Architect's consultants or to any breach of duty or obligation assumed by or required of Architect under the terms of this Agreement. 1.8. The Architect unconditionally agrees to promptly remedy at its own cost any defect in the Project proximately resulting from the negligence of Architect or its consultants or from the failure of Architect or its consultants to perform its services in a manner as required by this Agreement, or, at the election of the Owner, to pay the reasonable cost of such remedy as performed by a competent third party chosen by the Owner. 1.9. Since this Agreement provides for the physical performance of services in the State of Nebraska, as determined under state law, Architect must register with respect and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of any newly hired employee pursuant to the Project Immigration Reform and Control Act of 1986. Architect shall contractually require all subcontractors and consultants performing any portion of the Architect's Work under this Agreement to also register and utilize such electronic verification system. Architect and all of Architect's subcontractors and consultants shall use such electronic verification system to determine the work eligibility status of each new employee physically performing any services within the State of Nebraska under the Agreement. Any person whom the electronic verification system determines is Identified ineligible or not authorized to work in §1.the United States shall not be permitted by Architect, nor any subcontractor or consultant, to perform services in Nebraska under this Agreement. Architects shall provide such reasonable documentation as Owner may request, from time to time, during the performance of the contract and for 5 years thereafter documenting compliance with the provisions of this Paragraph

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The scope of Basic Services to be provided by the Architect shall be and operate as an independent contractor in the performance of the includes those services and shall have control over and responsibility other deliverables as specified in Exhibit A, the contract amendment for all personnel performing each respective Project. To the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into extent any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Paymentcontract amendment conflicts with this Master Agreement, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Ownerthis Master Agreement controls. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing performing similar services for educational institutions with facilities of like size and kind in the same or similar locality and under the same or similar circumstancesconditions The Architect shall exercise usual and customary professional care in its efforts with the goal that final Construction Documents prepared by Architect or consultants of Architect to be in compliance with all applicable laws, statutes, codes, ordinances, orders, rules and regulations of the governmental authority or authorities having jurisdiction over the Project and to be complete, detailed, and ready for bidding and construction. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project is Identified Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in §1any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. § 2.5.1 Commercial General Liability with policy limits not less than one million dollars ($ 1,000,000.00) for each occurrence and two million dollars ($ 2,000,000.00) in the general aggregate for bodily injury and property damage and two million dollars ($ 2,000,000.00) for products/completed operations. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00) per accident for bodily injury, death of any person, and property damage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy, subject to the policy terms, conditions and exclusions. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesOwner’s Statement of Work. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s representative authorized to act on behalf of the Architect with respect to the Project is Identified in §1.

ARCHITECT’S RESPONSIBILITIES. men othe on w rvices to be performed bylvent, able to pay its debts m it § 2.1 The Architect shall provide the professional services as set forth in this Agreement each Services Agree § 2.1.1 The Architect represents that it (and each of the individual architects, engineers and consultants it employs on the Project) is and shall remain properly licensed in Attachment "A"the jurisdicti located to provide the services required by each Services Agreement, RFP [ ] for Architectural Servicesor shall cause such se appropriately licensed design professionals. The Architect represents that it is properly licensed in the jurisdiction where the Project is located financially so as they mature, and possesses sufficient working capital to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of complete the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Ownerperfor each Services Agreement. § 2.2 The Architect acknowledges that the Owner is relying on the Architect’s skill, knowledge, experience and ability to fully perform the services and its obligations under each Services Agreement. The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstancescircumstances (the "Standard of Care"). The Architect shall perform its services as expeditiously as is consistent with such professional skill and care Standard of Care and the orderly progress of each Project and each Project schedule (prepared in accordance with Section 3.1.3) approved by the ProjectOwner. The Architect will perform this Agreement shall review all applicable laws, statutes, codes, ordinances, rules and render decisions in a timely manner regulations of governmental authorities having jurisdiction over the Project and the Architect’s services (collectively, "Applicable Laws"). The Architect shall exercise the Standard of Care to avoid delay in conform its services, the progress design of the Project and documents prepared or furnished by the Work of Architect to Applicable Laws. However, the Contractor. The Architect shall work cooperatively be compensated as an Additional Service for any changes in its services, design or documents necessitated by changes in the Applicable Laws or in their interpretation by any authority having jurisdiction over the Project. Nothing in this Agreement or any Services Agreement shall be construed to obtain eliminate the Architect’s responsibility for the Owner the improvements covered by the Owner’s program compliance of its design, its documents and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any its services Owner reasonably finds to be defective or not in conformity with the requirements Standard of Care, nor shall anything in this AgreementAgreement be construed to increase or enhance the Standard of Care required herein. § 2.3 The Architect’s Architect shall identify in each PSA a representative authorized to act on behalf of the Architect with respect to the Project is Identified applicable Project. During the term of each Project, the Architect shall continuously maintain a designated representative. The Architect will consult with the Owner and obtain the Owner’s consent before designating an alternate designated representative. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in §1any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to any Services Agreement or Project. § 2.5 The Architect shall, at its sole expense, maintain the following insurance in full compliance with this Section 2.5 until termination of this Agreement or such longer period of time as may be specified herein or in a PSA or as may be required by Applicable Laws: § 2.5.1 Commercial General Liability (including bodily injury, property damage, broad form property damage, accidental death, personal and advertising injury, products and completed operations, and contractual liability coverage) with the following policy limits: § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy § 2.5.3 Excess/Umbrella Liability in excess over and no less broad than the liability covera

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall will provide the professional services necessary for the complete design and construction documentation of the Project as set forth provided in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect agrees that the Basic Services Fee, as stated in Section 11.1, represents that it is properly licensed in the jurisdiction where adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil consulting engineers) necessary to completely design and engineer the Project is located and prepare Construction Documents that fully indicate the requirements for construction of the Work, whether or not those Services are individually listed or referred to provide the services required by in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being “the Owner’s responsibility” or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be “Owner-provided”; and operate (2) the cost of those engineering or consulting Services that become necessary as a result of an independent contractor Owner-directed change in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall Project scope affecting the Architect be authorized on behalf (and that are the subject of a written agreement for Additional Services between the Owner: to enter into any Contracts or undertakings; to waive any provisions Owner and the Architect), and 3) the cost of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result those services identified as Additional Services in a change in the Contract Sum or Contract Time, without prior written approval of the OwnerArticle 4. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality United States under the same or similar circumstancescircumstances and experienced in providing professional architectural services for multi-use buildings similar in size and scope. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project and who shall not be changed without the Owner’s written authorization. The Architect’s representative shall be: Rxxxxxx X. Xxxxxxx, AIA Principal 1000 0xx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 200-000-0000 The following persons will devote all of their time as necessary to the Project as may be appropriate to and consistent with full and timely performance of this Agreement by the Architect: Name Position Pxxxx X. Xxxxxx, FXXX Design Principal Rxxxxxx X. Xxxxxxx, AIA Managing Principal Sxxxxx Xxxxxxx, AIA Project Manager The Architect acknowledges and agrees that the Owner selected the Architect based on the outstanding reputation of the Architect and such key personnel. The Architect further acknowledges that the assignment of such personnel to the Project was a primary consideration in the selection of the Architect by the Owner. The Architect agrees that such persons shall not be removed from their responsibilities on this Project without the written consent of the Owner, except in the event of their death, disability or departure from the employ of the Architect. In the event, however that such persons should become unavailable to serve in the capacities set forth above, any replacement selected by the Architect for this Project must be approved by the Owner. § 2.4 Except with the Owner’s knowledge and written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall purchase with its own funds and maintain the following insurance for the duration of this Agreement the types and amounts of insurance set forth below, utilizing standard policies approved by the Owner and placed with insurance companies authorized to do business in Utah and acceptable to the Owner. The Architect shall provide the Owner with Certificates of Insurance showing the required insurance is Identified in §1force and evidence of the renewal of such insurance at least 30 days in advance of any cancellation or expiration date. All policies required hereunder shall contain a clause that the insurance company shall not cancel coverage without giving thirty days advance notice to the Owner, and all policies except the Workers Compensation and the Professional Liability policies shall name “Owner, NuSkin Enterprises, Inc. and all affiliated companies” as additional insureds. The Architect shall require all of the Architect’s consultants to maintain the same types and limits of insurance coverage as required of the Architect hereunder, unless the Owner specifically agrees otherwise in writing. .1 Commercial General Liability Coverages to include: · Premises and Operations · Broad Form or Blanket Contractual Liability · Independent Contractors Liability · Products - Completed Operations · Personal and Advertising Injury · Broad Form Property Damage · Valuable Papers Coverages to include the following limits of liability, on an annually renewing basis: · $1,000,000 per occurrence · $2,000,000 aggregate · $1,000,000 Products - Completed Operations · $1,000,000 Personal and Advertising Injury · $250,000 Fire Damage (any one fire): · $5,000 Medical Expense (any one person .2 Comprehensive Automobile Liability Coverages to include: · Owned Vehicles · Non-Owned Vehicles · Hired Vehicles · Personal Injury Protection · Uninsured/Underinsured Motorist Coverage to include the following limits of liability, on an annually renewing basis: $1,000,000 Bodily Injury/Property Damage (each accident) Statutory Personal Injury Protection $1,000,000 Uninsured/Underinsured Motorist

ARCHITECT’S RESPONSIBILITIES. § 2.1 1.1 The Architect shall provide the following professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural Services. services: § 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform . § 1.2.1 Within four (4) weeks after the date of this Agreement and render decisions in a timely manner to avoid delay in Agreement, the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain submit for the Owner the improvements covered by the Owner’s program approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services and scope for Substantial Completion of the Work at as set forth in the lowest cost consistent with quality workmanshipInitial Information. The schedule shall include allowances for periods of time required for the Owner’s review, materialsfor the performance of the O wner’s consultants, and durabilityfor approval of submissions by authorities having jurisdiction over the Project. The Once the Architect shall, at no cost to or Owner. With the Owner’s approval, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of this Agreementconstruction. § 2.3 1.3 The Architect’s Architect identifies the following representative authorized to act on behalf of the Architect with respect to the Project is Identified Project. § 1.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in §1any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3. § 1.5.1 Commercial General Liability with policy limits of not less than «one million dollars» ($«1,000,000») for each occurrence and «one million dollars» ($«1,000,000») in the aggregate for bodily injury and property damage. § 1.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «one million dollars» ($ «1,000,000» ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement Agreement, in accordance with the current issue of the Owner’s Procedure Manual for Design and Construction, and in Attachment "A"accordance with applicable provisions of the A201™–2017, RFP [ ] General Conditions of the Contract for Architectural ServicesConstruction as amended by Owner. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. Architect hereby represents to Owner that 1) Architect is financially solvent and possesses sufficient experience, licenses, ) Ar the with ion Parish School Board, tructhe authority, personnel and working capital to complete the services required hereunder; that 2 site for each Project and thoroughly familiarize itself with the local conditions under which hereunder are to be performed; and that 3) Architect shall correlate its observations of same requirements of this Agreement and of the construction Contract Documents. § 2.1.1 The Architect shall be follow and operate as an independent contractor in the performance comply with procedural requirements of the services Ascens including but not limited to the current issue of the Procedure Manual for Design and shall have control over Cons policies for Change Order processing, and responsibility for all personnel performing the servicesrain delays. In no event shall If the Architect fails to comply with Architect shall be authorized on behalf responsible for any damages or penalties that result. chitect will visit the services required all of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner.the § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity accordance with the requirements of this Agreementproject schedule provided by Owner. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement: § 2.5.1 Architect shall maintain at no additional cost to the Owner throughout the period of this Project and for two years after the date of the recording of the certificate of substantial completion, a standard form of error and omissions insurance with an insurance company satisfactory to the Owner. The errors and omissions insurance shall be a minimum limit of liability as follows: § 2.5.2 The Architect shall also maintain, throughout the period of Basic Services, insurance coverage for comprehensive general liability of $1,000,000.00, per each occurrence with an aggregate limit of $2,000,000; automobile liability with a minimum limit of $1,000,000.00 per accident/occurrence; and workers’ compensation as statutorily required and Employer’s liability insurance in the amount of $1,000,000.00, in forms and with insurance companies satisfactory to the Owner. § 2.5.3 The Architect shall require that any and all consultants engaged or employed by Architect are included in the Architect’s policies as additional insured or carry and maintain similar insurance with reasonably prudent limits and coverages in light of the services to be rendered by such consultants. Architect shall submit to Owner proof of such insurance coverages in amount satisfactory to the Owner. § 2.5.4 All insurance policies shall be written by companies authorized to do business in Louisiana and shall incorporate a provision requiring written notice to the Owner at least 30 days prior to any cancellation or non-renewal by the insurance company. If the Architect cancels or does not renew, he shall notify the Owner within 24 hours. Any insurance company shall have at least an “A-“rating according to the latest A.M. Best Report. Any deductible shall be the responsibility of the Architect. A copy of each policy or a certificate of insurance shall be provided to the Owner listing the owner as a certificate holder or additional named insured. § 2.5.5 All “Errors & Omissions” or Professional Liability insurance policies provided by Architect or Architect’s Consultants shall be a “claims made” type of policy. In the event at any time any such policies are cancelled or non-renewed, Architect shall immediately provide a substitute insurance policy with terms, conditions, and in amounts which comply with the terms of this Agreement. Such substitute policy shall be a “claims made” policy and § 2.5.6 Architect shall also be liable for any losses that occur where insurance is Identified in §1contractua procured or purchased by Architect or permitted to lapse or be cancelled.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. Architect/Engineer shall procure and maintain for the duration of this Agreement (and shall include coverage for any services that preceded this Agreement), and for any period thereafter as described in this Article, the following insurance coverages arising out of or resulting from the Professional Services and completed operations provided under this Agreement by the Architect/Engineer, its agents, representatives, employees, subcontractors or by anyone for whose acts any of them may be liable. § 2.6.1 Commercial General Liability with policy limits of not less than « » ($ « » ) for each occurrence and « » ($ « » ) in the aggregate for bodily injury and property damage. Commercial General Liability (CGL) Insurance as specified by the most recent version of Insurance Services Office Occurrence Form CG 001 with at least the following limits of liability: The CGL Policy shall not be subject to a deductible or self-insured retention (SIR) unless approved in writing by the Owner. If a combination of primary and excess liability policies are used to satisfy the requirements of this paragraph, the excess policies shall be written on a following form basis and contain coverage at least as broad as that provided by the primary policy. Completed operations coverage shall be provided for a term equal to the statute of repose in the jurisdiction in where the Project is Identified located. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « » ($ « » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Commercial Automobile Liability Insurance as specified by the most recent version of Insurance Services Office Form CA 001 with Code 1 (Any Auto) elected and at the least the following limits of liability: The Automobile Liability coverages shall not be subject to a deductible or SIR unless approved in §1writing by the Owner. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide professional services as set forth in this Agreement and in Attachment "A", RFP [ ] for Architectural ServicesAgreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. The Architect shall be and operate as an independent contractor in the performance of the services and shall have control over and responsibility for all personnel performing the services. In no event shall the Architect be authorized on behalf of the Owner: to enter into any Contracts or undertakings; to waive any provisions of the Contract Documents; to receive contractual notice on behalf of the Owner; to execute any Certificate for Payment, Change Order or other document; to authorize any payments or accept or approve any documents, work, services, goods or materials which result in a change in the Contract Sum or Contract Time, without prior written approval of the Owner. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect will perform this Agreement and render decisions in a timely manner to avoid delay in the progress of the Project and the Work of the Contractor. The Architect shall work cooperatively to obtain for the Owner the improvements covered by the Owner’s program and scope of Work at the lowest cost consistent with quality workmanship, materials, and durability. The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services Owner reasonably finds to be defective or not in conformity with the requirements of this Agreement. § 2.3 The Architect’s Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall provide and maintain the following insurance with indemnification limits not less than the amounts indicated, until termination of this Agreement. The Architect and Consultants shall not commence Work until all required insurance coverage has been obtained and such insurance has been reviewed and accepted by the Owner. Certificates of Insurance on the current XXXXX form shall be issued to the Owner showing all required insurance coverage. § 2.5.1 The required insurance must be written by companies acceptable to the Owner. The required insurance policies, except for professional liability insurance and worker’s compensation insurance, shall and must name the Owner and Program Manager, its officials, employees, and officers as additional insureds. The required insurance policies shall contain no specific limitations on the coverage afforded the Additional Insureds. § 2.5.2 All insurance and limits of liability required herein shall be in effect as of the earlier of the effective date of this Agreement or the date of the commencement of Architect’s services in relation to the Project and shall remain in effect continuously throughout the term of this Agreement or for such longer periods as are required herein. In the case of Professional Liability insurance, the required coverage and limits of liability shall remain in effect for a minimum period of two (2) years following the completion of professional services hereunder. § 2.5.3 If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty—six (36) months following completion of this Agreement and acceptance by Owner § 2.5.4 The Workers’ Compensation insurance policy required herein shall contain a waiver of subrogation in favor of Owner, its officials, employees, and officers, whether by way of an approved endorsement or otherwise. § 2.5.5 The Architect shall be responsible for verifying insurance coverage in the required amounts of all Consultants or other professionals employed by or used by the Architect and obtaining the required certificates of insurance before any such Consultants or other professionals begin work on the Project. § 2.5.6 The insurance policies required by this Agreement shall be endorsed to reflect that the Architect’s insurance coverage is primary over any other applicable insurance coverage held by Owner. § 2.5.7 Insurance provided pursuant to this Section shall be considered a part of the Architect’s basic services and shall not be a Reimbursable Expense. § 2.5.8 Certificates of insurance acceptable to the Owner and naming the Owner, its officials, employees, and officers as additional insureds shall be filed with the Owner prior to commencement of the Architect’s services or the services of consultants to the Architect or other professionals employed or used by Architect in relation to the Project, and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required herein shall contain a provision that coverages afforded under the policies will not be canceled, non-renewed, allowed to expire, or materially changed until at least 30 days’ prior written notice has been given to the Owner. § 2.5.9 The Architect shall notify Owner in writing and by certified mail or personal delivery, within ten (10) days after the Architect knew or should have known of any change that materially affects the provision of the required insurance coverages of any person providing services on the Project. § 2.5.10 Because the Architect will be performing on-site services and observations, a copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers’ Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, or TWCC-84), showing statutory worker’s compensation coverage for the Architect and its employees providing services on the Project is Identified required for the duration of the Project. § 2.5.10.1 Duration of the Project includes the time from the beginning of the Work on the Project until the Architect’s work on the Project has been completed and accepted by the Owner. § 2.5.10.2 Employees providing services on the Project include all persons or entities employed or contracted by the Architect and performing all or part of the services the Architect has undertaken to perform on the Project, that furnishes persons to provide services on the Project. § 2.5.10.3 If coverage period shown on the Architect’s current certificate of coverage ends during the duration of the Project, the Architect must, prior to the end of the coverage period, file a new certificate of coverage with the Owner showing that coverage has been extended. § 2.5.10.4 The Architect shall obtain from each person providing services on the Project, and provide to the Owner: .1 A certificate of coverage, prior to that person beginning work on the Project, so Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project. .2 No later than seven (7) days after receipt by the Architect, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. § 2.5.10.5 By signing this contract or providing or causing to be provided a certificate of coverage, the Architect is representing to the Owner that all employees of the Architect who will provide services on the Project will be covered by workers’ compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in §1the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Architect to administrative penalties, criminal penalties, or other civil actions. § 2.5.11 The Architect’s failure to comply with any of the provisions in this § 2.5 and its subparts is a material breach of contract by the Architect that entitles the Owner to immediately declare the contract void and terminate this Agreement. § 2.5.12 All Engineers and other Consultants retained to work for Architect or retained at Architect’s expense shall carry the same amounts under the same conditions as described in this § 2.5 and its subparts. § 2.6 The Architect shall provide recommendations and the Architect shall respond to Owner requests with regard to accelerated or fast-track scheduling, procurement or phased construction so as to facilitate the preparation of Individual Package Pricing by the Contractor. The Architect shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues in making recommendations. When approved by the Owner, the Architect shall complete those activities in Article 3 to accomplish the completion of phased project delivery.