Agenda - 05-02-1988 - Laserfiche WebLink

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I - 039 • 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- ceming performance of the Owner and Contractor under the tatives,•the Architect shall endeavor to provide further protcc- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall he made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall he 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: • .• sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not he liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- ect The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of aides, laws the Contract Documents. or regulations subsequent to the preparation of such documents;or 2.6.18 The Architect shall render written decisions within a reasonable time on all claims,disputes or other matters in guess- .3 due to changes required as a result of the Owner's fail- lion between the Owner and Contractor relating to the execu- urc to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to,size,qual- 2.6.19 The Architect's decisions on claims, disputes or other it} complexity, the Owner's schedule, or the method of bid • matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5. vidcd in Subparagraph 2.6.17,shall he subject to arbitration as • provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawingss,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 arc not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described tinder Paragraphs 3.2 and 3.4 shall only he provided of such Work. if authorized or confirmed in writing by the Owner.if services 3.3.6 Providing set-vices made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to con- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent A(kli_ with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection-with a public hearing, gallon to provide those services. arbitration proceeding or legal proceeding except where the • 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3-9 Preparing documents for alternate',separate or sequential • 3.2.1 If more extensive representation at the site than is. bids or providing services in connection with bidding.negotia- described in Subparagraph 2,6.5 is required,the Architect shall lion or construction prior to the completion of the Construe- provide one or more Project Representatives to assist in carry tion Documents Phase. ing out such additional on-site responsibilities. - 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall he selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- ` sated therefor a`agreed by the Owner and Architect- The ming the requirements of the Project. duties, responsibilities and limitations-of authority of Project 3.4.2 Providing financial feasibility or other special studies. •.._. Representatives shall he as described in the edition of AIA Document 13352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT B141 • owNFR-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AIA. • IKI1987 THE AMERICAN INSTITUTE OF ARCIIITECTS,1735 NEW YORK AVENUE,NW.,WASIiTNG'tON•DS:20(416 8141-1987 4 •