Common use of ARCHITECT’S RESPONSIBILITIES Clause in Contracts

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to 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 "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locally, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 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 insurance requirements of Exhibit B, "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 1.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall will provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of provided in this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11Section 11.1, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other civil consulting engineers) necessary to completely design and engineer the Project and prepare Construction documents Documents that fully indicate the requirements of for construction of the Work, whether or not those Services are individual individually listed or referred to 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 "owner“Owner-provided"”; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect), and 3) the cost of those services identified as Additional Services in Article 4. § 2.2 The Architect shall meet a standard of perform its services consistent with the professional skill and care used ordinarily provided by architects on practicing in the United States under the same or similar projects, whether such circumstances and experienced in providing professional architectural services for multi-use buildings similar projects can be found locally, regionally or nationallyin size and scope. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (care and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law orderly progress of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative Project and who shall not be changed without the Owner’s written authorization. The Architect’s representative shall be: R▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, AIA Principal 1▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2▇▇-▇▇▇-▇▇▇▇ 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 P▇▇▇▇ ▇. ▇▇▇▇▇▇, F▇▇▇ Design Principal R▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, AIA Managing Principal S▇▇▇▇▇ ▇▇▇▇▇▇▇, 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 requirements of Exhibit B, "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) 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 comply provide the Owner with applicable provisions Certificates of N.C. Insurance showing the required insurance is in force 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 Statutes Chapter 33Liability 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, Article 1.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 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this AgreementProject. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to 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 "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locallylocality, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 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 insurance requirements of Exhibit BB , "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 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 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 the jurisdicti located to provide the services required by each Services Agreement, or shall cause such se appropriately licensed design professionals. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project represents that it is financially so as required by the terms of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbingthey mature, and civil, possesses sufficient working capital to complete the services and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those perfor each Services are individual listed or referred to 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 "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 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 meet a standard of perform its services consistent with the professional skill and care used ordinarily provided by architects on practicing in the same or similar projects, whether such locality under the same or similar projects can be found locally, regionally or nationallycircumstances (the "Standard of Care"). The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (Standard of Care and the individual architects orderly progress of each Project and engineers it employs on this Projecteach Project schedule (prepared in accordance with Section 3.1.3) are registered, licensed and authorized to practice Architecture (or Engineering, as approved by the case may be) as required by law of the State of North CarolinaOwner. The Architect warrants that its designsshall review all applicable laws, Construction Documentsstatutes, and Services shall conform to all federalcodes, stateordinances, and local statutes rules and regulations governing its Services, of governmental authorities having jurisdiction over the Project, Project and the WorkArchitect’s services (collectively, "Applicable Laws"). The Architect agrees and acknowledges that his duty is non-delegable—and that shall exercise the ArchitectStandard of Care to conform its services, by signing drawings or preparing Construction Documents to submit for purpose the design of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordinglydocuments prepared or furnished by the Architect to Applicable Laws. However, the Architect shall 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 eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, documents and its Services provided services with localthe Standard of Care, state, and federal statutes and regulationsnor shall anything in this Agreement be construed to increase or enhance the Standard of Care required herein. § 2.3 The Architect shall identify in each PSA a representative authorized to act on behalf of the Architect with respect to the applicable Project. This designation During the term of each Project, the Architect shall be submitted in writing for continuously maintain a designated representative. The Architect will consult with the Owner and obtain the Owner’s prior approval. Once approved, the consent before designating an alternate designated representative shall not be changed without the Owner’s written authorizationrepresentative. § 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 any Services Agreement or Project. § 2.5 The Architect shall shall, at its sole expense, maintain the following insurance requirements of Exhibit B, "Insurance Requirements" for the duration in full compliance with this Section 2.5 until termination of this Agreement.Agreement or such longer period of time as may be specified herein or in a PSA or as may be required by Applicable Laws: § 2.6 2.5.1 Commercial General Liability (G.S. Chapter 133including bodily injury, property damage, broad form property damage, accidental death, personal and advertising injury, products and completed operations, and contractual liability coverage) The with the following policy limits: § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 1.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 provide hold periodic conferences with Director or his/her representatives through the professional services as set forth end of the Project so that Architect has the full benefit of City’s experience and knowledge of existing needs and facilities, and so the Project is consistent with City’s current policies and standards. To assist Architect in this Agreementcoordination, City shall make available for Architect’s use in planning and designing the Project, all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to Architect. The However, any and all such information shall remain the property of City and shall be returned by Architect upon termination or completion of the Project or if instructed to do so by the Director. 2.2 Architect warrants that Services provided by Architect under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in Bexar County, Texas. 2.3 Unless otherwise required by City, Architect shall apply for and assist City in obtaining building permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. Architect will provide all professional services necessary for City reasonable assistance in connection with such approvals and permits, such as the complete design and construction documentation furnishing of the Project as required data compiled by the terms Architect, pursuant to other provisions of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to 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 "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locally, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act appear on behalf of the City at up to three meetings with governmental entities, but Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without obligated to develop additional data, prepare extensive reports or appear at hearings or the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consentlike, 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 insurance requirements of Exhibit B, "Insurance Requirements" for the duration unless compensated therefore under other provisions of this Agreement. § 2.6 (G.S. Chapter 133) The 2.4 Architect shall comply be represented by a registered professional Architect licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including, but not limited to, scope meetings, review meetings, pre-bid meetings, preconstruction meetings, and other meetings as required by the Project. 2.5 Architect shall prepare Change Orders and Field Work Directives, and, with applicable concurrence of City, have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which the Construction Contractor shall carry out promptly and record on the as-built record documents. 2.6 The Texas Board of Architectural Examiners, Hobby Building, ▇▇▇ ▇▇▇▇▇▇▇▇▇, Suite. 2- 350, Austin, Texas 78701, (▇▇▇) ▇▇▇-▇▇▇▇ and/or Texas Board of Professional Engineers, ▇▇▇▇ ▇▇-▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, (▇▇▇) ▇▇▇▇▇▇▇ has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 2.7 Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, associates, agents or sub-Architects for the accuracy and competency of their designs, drawings, specifications or other documents and Services; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications or other documents and Work prepared by said Architect, its employees, sub-Architects and agents. 2.8 Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Architect, to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement under the provisions of N.C. General Statutes Chapter 33, Article 1XII herein.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to 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 "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locally, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all applicable federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with applicable local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 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 insurance requirements of Exhibit B, "“Insurance Requirements" for the duration ” until termination of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 12.5.1 [Intentionally omitted] « »« »« »« ». § 2.5.2 [Intentionally omitted] « »« ». § 2.5.3 [Intentionally omitted] .