Agenda - 06-04-1990 - Laserfiche WebLink

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2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.6 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar n•ith the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will he in accor- dance with the Contract Documents. However. the architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity- tit the Work- On the basis of on -site observations as an architect. the architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. t.tfore exreu ive site representation ma 1' be agreed to as an Additional Service, cis described in Paragrapb 3.2-1 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means. methods, techniques. sequences or procedures. or for safety precautions and programs in connection with the Work. since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsihle for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The architect hall not have control over or charge of acts or omissions i it the Contras tor. Subcontractors, or their agents or employees. or of anv other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access ro the Work wherevcr it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications hate heen -;pe- cially authorized. the Owner and Contractor shall Co inut,unicate through the Architect. Communications by and v; ith the archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractors applications for Payment, the architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the atchitect s observations at the site as provided in Subparagraph 2.n ; and on the data comprising the Contractors Application for Pa}- ment, that the Work has progressed to the point indic:ued and that. to the best of the Architect's knowledge. information .ind helief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are suhjccl ro an evaluation of the Mork for conformance with ihe.Contract Documents upon Substantial Completion, to results of ^uhse- quent tests and inspections. to minor deviations from the Con- tract Documents correctable prior to completion .ind to spe- cific qualifications expressed by the Architect. The js%uance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount ccrty Pied. However. the issuance of a Certificate for Payment ;hail not be a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work. (2) reviewed construction means. meth- ods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material '�up- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (-1) ascertained how or for what purpose the Contractor has used money preciously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents. the Architect n ill have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments. whether or not such Work is fabricated. installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility iif the Architect to the Contractor, Subcontractors. material and equipment suppliers. their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allure - ing sufficient time in the architect's professional judgment to permit adequate review. Review of such submittals IS [lilt Con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities i ,r for substantiating instructions for installation or performance i f equipment or systems designed by the Contractor. all of n hich remain the responsibility- of the Contractor to the extent required b% 'y the Contract Documents. The architect',, cc%ica shall not constitute approval of safety precautions or, unless otherwise specifically stated by the architect, of construction means, methods, techniques, sequences or procedures. Thu Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characterisnc� of materials, systems or equipment is required h %, the Contract Documents. the Architect shall be entitled to rely upon Such certification to establish that the materials. Systems or cduip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare .Change Orders and Con- struction Change Directives. with supporting documentanun and data if deemed necessary by the architect as provided in Subparagraphs 3, 1.1 and 3.3.3, for the Owner s approval ,utd execution in accordance with the Contract Documents. and may authorize minor changes in the Work not involving in adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections m determtrie the date or dates of Substantial Completion and the dare iIt final completion, shall receive and forward to the Owner ror the Owner's review and records written warranties and rela[Cll documents required by the Contract Documents and .uscnt- hled by the Contractor. and shall issue a final Certificate for Pan ment upon compliance with the requirements of the Contract Documents, AIA DOCUMENT 9141 • OVt'NER•ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA8 • _ "" 3 8141 -1987 THE AMERICAN I"TITCTE OF ARCHITECTS-1-35 NEW YORK AVENM 14 W,, WASHINGTON, D C