Orange County NC Website
6 6 4. <br /> liable for the result of any interpretation or decision ports as required by law or the Contract Documents. <br /> rendered in good faith in such capacity. 2.4 The Owner shall furnish all legal, accounting and <br /> 1.4.10 The Architect shall have authority to reject Work insurance counseling services as may be necessary at any <br /> which does not conform to the Contract Documents,and time for the Project, including such auditing services as <br /> will have authority to require special inspection or testing the Owner may require to verify the Contractor's Applica- <br /> of the Work whenever,in the Architect's reasonable opin- tions for Payment or to ascertain how or for what pur- <br /> ion, it is necessary or advisable for the implementation of poses the Contractor uses the moneys paid by the Owner. <br /> the intent of the Contract Documents. 25 The services, information, surveys and reports re- <br /> 1.4.11 The Architect shall review and approve or take quired by Paragraphs 2.2 through 2.4 inclusive shall be <br /> other appropriate action upon the Contractor's submittals furnished at the Owner's expense, and the Architect shall <br /> such as Shop Drawings, Product Data and Samples, but be entitled to rely upon the accuracy and completeness <br /> only for conformance with the design concept of the thereof. <br /> Work and with the information given in the Contract 24 If the Owner observes or otherwise becomes aware <br /> Documents. Such action shall be taken with reasonable of any fault or defect in the Project or nonconformance <br /> promptness so as to cause no delay. The Architect's ap- with the Contract Documents, prompt written notice <br /> proval of a specific item shall not indicate approval of an thereof shall be given by the Owner to the Architect. <br /> assembly of which the item is a component. 2.7 The Owner shall furnish required information and <br /> 1.4.12 The Architect shall prepare Change Orders for the shall render approvals and decisions as expeditiously as <br /> Owner's approval and execution,and shall have authority necessary for the orderly progress of the Architect's serv- <br /> to order minor changes in the Work not involving an ices and of the Work. <br /> adjustment in the Contract Sum or an extension of the <br /> Contract Time. ARTICLE 3 <br /> 1.4.13 The Architect shall conduct inspections to deter- <br /> mine the Dates of Substantial Completion and final corn- CONSTRUCTION COST <br /> pletion, and shall issue a final Certificate for Payment. 3.1 DEFINITION <br /> 1.4.14 The extent of the duties, responsibilities and limita- 3,1,1 The Construction Cost shall be the total cost or <br /> tions of authority of the Architect as the Owner's repro- estimated cost to the Owner of all elements of the Project <br /> sentative during construction shall not be modified or ex- designed or specified by the Architect. <br /> tended without written consent of the Owner, the Con- 3.1.2 The Construction Cost shall include at current mar- <br /> tractor and the Architect. ket rates, including a reasonable allowance for overhead <br /> 1,g ADDITIONAL SERVICES and profit, the cost of labor and materials furnished by <br /> 13.1 Additional Services shall be provided if authorized the Owner and any equipment which has been designed, <br /> or confirmed in writing by the Owner or if included in specified, selected or specially provided for by the Archi- <br /> Article 10, and they shall be, paid for by the Owner as tect. <br /> provided in this Agreement. 3.1.3 Construction Cost does not include the compensa- <br /> 1.5.2 If the Owner and the Architect agree that more tion of the Architect and the Architect's consultants, the <br /> extensive representation at the site than is described in cost of the land, rights-of-way, or other costs which are <br /> Paragraph 1.4 shall be provided, such additional project the responsibility of the Owner as provided in Article 2. <br /> representation shall be provided and paid for as set forth 31 RESPONSIBILITY FOR CONSTRUCTION COST <br /> in Article 10. 3.2.1 It is recognized that neither the Architect nor the <br /> 1.6 TIME Owner has control over the cost of labor, materials or <br /> 1.6.1 The Architect shall perform services as expediti- equipment,over the Contractor's methods of determining <br /> ously as is consistent with professional skill and care and bid prices, or over competitive bidding, market or nego- <br /> the orderly progress of the Work.• tiating conditions. Accordingly, the Architect cannot and <br /> does not warrant or represent that bids or negotiated <br /> ARTICLE 2 prices will not vary from any Statement of Probable Con- <br /> struction OWNER'S RESrONSIRILITIES struction Cost or other cost estimate or evaluation pre- <br /> THE by the Architect. <br /> The following services and responsibilities, and 3.2.2 No fixed limit of Construction Cost shall be estab- <br /> any others so indicated in Article 10, shall be un- lisped as a condition of this Agreement by the furnishing, <br /> dertaken by the Owner. proposal or establishment of a Project budget, unless such <br /> 2.1 The Owner shall provide full information including fixed limit has been agreed upon in writing and signed by <br /> a program, ,which shall set forth the Owner's design the parties hereto. If such a fixed limit has been eston- <br /> objectives, constraints and criteria. lisped, the Architect shall be permitted to include con- <br /> objectives, for design, bidding and price escalation, to de- <br /> 2.2 The Owner shall furnish a legal description and a termine what materials, equipment, component systems <br /> certified land survey of the site and the services of soil and types of construction are to be included in the Con- <br /> engineers or other consultants when such services are tract Documents, to make reasonable adjustments in the <br /> deemed necessary by the Architect. scope of the Project and to include in the Contract Doc- <br /> 2.3 The Owner shall furnish structural, mechanical, unions Alternate Bids to adjust the Construction Cost to <br /> chemical and other laboratory tests, inspections and re- the fixed limit. Any such fixed limit shall be increased in <br /> AIA DOCUMENT 1151 • AEBEEVIATED OWNER-ARCHITECT AGREEMENT • IUNE 1975 EDITION • ALA• <br /> 3 1151-1978 O 159E•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 <br />