Common use of Directives for Performance of the Services Clause in Contracts

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ Response. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. i. The Architect Engineer shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2ii. The Architect Engineer shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3iii. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget total cost for the Project is currently [AMOUNT]. The Direct Construction Cost budget is estimated at $ [AMOUNT]. 4iv. The Architect Engineer shall fully cooperate with Owner to meet all Project budgets. Owner understands that ArchitectEngineer, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's ’s method of pricing, and that Architect's Engineer’s opinions of probable construction costs are made on the basis of Architect's Engineer’s professional judgment and experience. Architect Engineer makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's Engineer’s opinion of probable construction cost. In the event the Architect's Engineer’s opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 Subsection iii above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percentthan ten percent (10%), ArchitectEngineer, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's Engineer’s sole expense, Architect's Engineer’s Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's Engineer’s sole responsibility with respect to its opinions of probable construction cost, and Architect Engineer agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. v. The Architect Engineer shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's Engineer’s performance of Services shall be as a professional Architect Engineer to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's ’s Project objectives. 6vi. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7vii. The Architect Engineer shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect Engineer agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect Engineer acknowledges that the Owner’s award of this Agreement to the Architect Engineer was made on the basis of the unique background and abilities of the ArchitectEngineer’s key personnel and Consultants originally identified in the ArchitectEngineer’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect Engineer specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the ArchitectEngineer, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect Engineer at anytimeany time, Architect Engineer shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect Engineer shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the ArchitectEngineer, provided that Architect Engineer shall have a reasonable time period within which to find a suitable replacement. The Architect Engineer represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8viii. Architect Engineer shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall agrees to provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time The Architect agrees that time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ Insert . 4. The Architect shall agrees to fully cooperate with Owner to meet all Project budgets. SAMPLE Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, in the event Architect’s proposed designs do not address Owner’s programmatic needs for the project to Owner’s satisfaction, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). Architect may not avoid its duty to provide design documents, at its expense, that are satisfactory to the Owner’s programmatic or budgetary needs by asserting that such modifications to design or construction documents constitute new design work for which it may charge additional fees or costs. This design and/or redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. This provision is acceptable based on timely cost estimation provided by the Owner. The Owner has directed the design team to remove third party Cost Estimation from the scope of work to be coordinated by the Architect. Cost estimates at 100% Design Development and 50% Construction Documents will be necessary to confirm that the project is tracking with the budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall agrees to utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytimeany time, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect Design Professional shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect Design Professional shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget Budget for the Project is currently estimated at $ . Design Professional shall design Project to % of Construction Budget. 4. The Architect Design Professional shall fully cooperate with Owner to meet all Project budgets. Owner understands that ArchitectDesign Professional, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that ArchitectDesign Professional's opinions of probable construction costs are made on the basis of ArchitectDesign Professional's professional judgment and experience. Architect Design Professional makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from ArchitectDesign Professional's opinion of probable construction cost. In the event the ArchitectDesign Professional's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phasesphase, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, ArchitectDesign Professional, upon notice from Owner and prior to the award of the construction contractConstruction Contract, agrees to modify, at ArchitectDesign Professional's sole expense, ArchitectDesign Professional's Schematic Design schematic design documents, Design Development design development documents or Construction Documents construction documents (or with owners Owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute ArchitectDesign Professional's sole responsibility with respect to its opinions of probable construction cost, and Architect Design Professional agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Costconstruction cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect Design Professional shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The ArchitectDesign Professional's performance of Services shall be as a professional Architect Design Professional to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect Design Professional shall designate a project manager, who shall represent the Design Professional throughout all phases of the Project, and to whom all communication pertaining to the Project shall be addressed. The designated project manager shall be experienced and capable in effectively coordinating a multi-disciplined Consultant team. 8. The Design Professional shall utilize the key personnel and Consultants identified on the attached Exhibit 1 2 in the performance of the Services for the Project. The key personnel must include the project manager required in paragraph 7 above. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 12, the Architect Design Professional agrees to promptly provide such additional information on the professional background of each of the assigned key personnel and Consultants as may be requested by the Owner. The Architect Design Professional acknowledges that the Owner’s award of this Agreement to the Architect Design Professional was made on the basis of the unique background and abilities of the ArchitectDesign Professional’s key personnel and Consultants originally identified in the ArchitectDesign Professional’s RFQ Responsesolicitation response. Therefore, the Architect Design Professional specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the ArchitectDesign Professional, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect Design Professional at anytimeany time, Architect Design Professional shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications (including applicable professional licensing) than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect Design Professional shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the ArchitectDesign Professional, provided that Architect Design Professional shall have a reasonable time period within which to find a suitable replacement. The Architect Design Professional represents and warrants that the key personnel and Consultants that are considered professional-in-charge (stamping architect(s) or engineer(s)) in their respective discipline and identified on the attached Exhibit 1 2 are fully licensed to perform the particular Services assigned to them on the Project. 89. Architect Design Professional shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ Response. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytimeany time, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. (1. The ) Architect shall agrees to provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII 7, "Architect's Services," below for this Project. (2. ) The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time The Architect agrees that time is of the essence in the performance of this Agreement. (3. ) The estimated Direct Construction Cost of the Project is $ $______________ to $ $___________. [OR] The construction budget for the Project is currently estimated at $ $_________________. (4. The ) Architect shall agrees to fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction costcost [and working collaboratively with the CM/GC to establish the GMP], has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs [and the GMP] are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost [and the estimated GMP] exceeds the budget for the Project listed in Sub-section subsection 3 above by any amount during the design or construction phases, or in the event the bids or negotiated [cost of the Work Work] [OR] [GMP for the Work] exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contractConstruction Contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids [bids] [OR] [negotiated GMP] exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction costcost [and the GMP], and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Costconstruction cost, or the bids or negotiated [price] [OR] [GMP], so that they do not exceed the Project budget. (5. The ) As part of the initial phase of design services authorized under this Agreement, the Architect shall provide design services consisting of an analysis of the Oregon Office of Energy's State Energy Efficiency Design ("SEED") Program requirements for the Project, as well as efficient implementation strategies for cost effective Energy Conservation Measures ("ECMs") at the Project, and all other design services required under the SEED Program of the State of Oregon Office of Energy for the Project (the "SEED Analysis Services"), as more particularly described in Section 7 of this Agreement. (6) Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services Services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. (7) In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The (8) Architect shall agrees to utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. (9) Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 2 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 12, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ Response. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 2 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project.to 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in for the performance of the Services described in this Agreement. It is anticipated by the parties that all work described in this Agreement will be completed in conformance with the critical date schedule specified in Section I. C. of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . [OR] The construction budget for the Project includes allowances as follows: [LIST]. 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. (1. The ) Architect shall agrees to provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII 7, "Architect's Services," below for this Project. (2. ) The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time The Architect agrees that time is of the essence in the performance of this Agreement. (3. ) The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . (4. The ) Architect shall agrees to fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction costcost [and working collaboratively with the CM/GC to establish the GMP], has no control over the cost or availability of labor, equipment, or materials, or over market conditions or ContractorCM/GC's method of pricing, and that Architect's opinions of probable construction costs [and the GMP] are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost [and the estimated GMP] exceeds the budget for the Project listed in Sub-section subsection 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of GMP for the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contractConstruction Contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids [bids] [OR] [negotiated GMP] exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction costcost [and the GMP], and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Costconstruction cost, or the bids or negotiated [price] [OR] [GMP], so that they do not exceed the Project budget. (5. The ) As part of the design services authorized under this Agreement, the Architect shall provide design services coordinated with and supporting an analysis of the building energy use through efficient implementation strategies for cost effective Energy Conservation Measures ("ECMs") at the Project, and all other design services related to energy-efficient design, as more particularly described in Section 7 of this Agreement. (6) Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services Services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. (7) In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The (8) Architect shall agrees to utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. (9) Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.

Directives for Performance of the Services. 1. The Architect shall provide, with the assistance of the Consultants, the professional Services more particularly described in Section VII below for this Project. 2. The Architect shall provide a schedule for the performance of the Services upon execution of this Agreement. Time is of the essence in the performance of this Agreement. 3. The estimated Direct Construction Cost of the Project is $ to $ . [OR] The construction budget for the Project is currently estimated at $ . 4. The Architect shall fully cooperate with Owner to meet all Project budgets. Owner understands that Architect, in providing opinions of probable construction cost, has no control over the cost or availability of labor, equipment, or materials, or over market conditions or Contractor's method of pricing, and that Architect's opinions of probable construction costs are made on the basis of Architect's professional judgment and experience. Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from Architect's opinion of probable construction cost. In the event the Architect's opinion of probable construction cost exceeds the budget for the Project listed in Sub-section 3 above by any amount during the design or construction phases, or in the event the bids or negotiated cost of the Work exceed the budget for the Project listed earlier in this Section by more that 10 percent, Architect, upon notice from Owner and prior to the award of the construction contract, agrees to modify, at Architect's sole expense, Architect's Schematic Design documents, Design Development documents or Construction Documents (or with owners approval those portions of those documents where opinions of probable construction costs or bids exceeded the budget or stipulated percentage). This redesign effort shall constitute Architect's sole responsibility with respect to its opinions of probable construction cost, and Architect agrees to cooperate with Owner in revising the Project scope and quality in order to reduce the opinion of probable Construction Cost, or the bids or negotiated price, so that they do not exceed the Project budget. 5. The Architect shall provide all Services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of Services shall be as a professional Architect to the Owner to perform the professional services necessary for the Project, and to provide the technical documents and supervision required to achieve the Owner's Project objectives. 6. In administering this Agreement, the Owner may employ the services of an independent project manager and other consultants as needed to fulfill the Owner’s objectives. 7. The Architect shall utilize the key personnel and Consultants identified on the attached Exhibit 1 in the performance of the Services for the Project. In addition to the full names, titles/positions and a summary of the duties and Services to be performed by the key personnel and Consultants that are included in the attached Exhibit 1, the Architect agrees to promptly provide such additional information on the professional background of each of the assigned personnel and Consultants as may be requested by the Owner. The Architect acknowledges that the Owner’s award of this Agreement to the Architect was made on the basis of the unique background and abilities of the Architect’s key personnel and Consultants originally identified in the Architect’s RFQ ResponseRFP proposal or cost proposal. Therefore, the Architect specifically understands and agrees that any attempted substitution or replacement of a key person or Consultant by the Architect, without the written consent of the Owner, shall constitute a material breach of this Agreement. In the event that key personnel or Consultants become unavailable to the Architect at anytime, Architect shall replace the key personnel and Consultants with personnel or Consultants having substantially equivalent or better qualifications than the key personnel or Consultants being replaced, as confirmed and approved by Owner. Likewise, the Architect shall remove any individual or Consultant from the Project if so directed by Owner in writing following discussion with the Architect, provided that Architect shall have a reasonable time period within which to find a suitable replacement. The Architect represents and warrants that the key personnel and Consultants identified on the attached Exhibit 1 are fully licensed to perform the particular Services assigned to them on the Project. 8. Architect shall make no news release, press release or statement to a member of the news media regarding this Project without prior written authorization from Owner.