|
data comprising the Contractor's Application for Payment, that
<br />the Work has progressed to the point indicated and that, to the
<br />best of the Architect's knowledge, information and hciicf,
<br />quality of the Work is in accordance with the C(,r.tracr (k,cu.
<br />ments. The Issuance of a Certificate for Payment shall not I)c ;1
<br />representation that the Architect has (I) made exhaustive or
<br />continuous on -site inspections to check the quality or quantity
<br />of the Work, (2) reviewed construction means, methods, tech•
<br />niques, sequences or procedures, (3) reviewed copies of rc(lui-
<br />sitions received from Subcontractors and nritcrial suppliccc ;utd
<br />other data requested by the Owner to suhStarttiate the Coninw-
<br />tor's right to payment or (4) ascertained how or for what pur-
<br />pose the Contractor has used money previouSly paid on
<br />account of the Contract Sum.
<br />2.4.10 The Architect shall have authority to reject Work which
<br />does not conform to the Contract Documents and will have
<br />authority to require additional Inspcc•tinn or testing of the
<br />Work whenever, in the Architect's reasonable opinion, it is
<br />necessary or advisable for the implementation of the intent of
<br />tile Contract Documents.
<br />2.4,11 The Architect shall review and approi.•c or take other
<br />appropriate action upon Contractor's strhmitt-.rls such as Shop
<br />Drawings, Product Data and Samples, but only for the limited
<br />purpose of checking for conformance with information given
<br />and the design concept expressed in the Contract Documents,
<br />The Architect's action shall be taken with such reasonable
<br />promptness as to cause no delay. The Architect's approval of a
<br />specific item shall not Indicate approval of an assembly of
<br />which the item Is a component. When professional certification
<br />Of performance characteristics of materials, systems or equip-
<br />ment is required by the Contract Documents, the Architect
<br />shall be entitled to rely upon such certification to establish that
<br />the materials, systems or equipment will meet the performance
<br />criteria required by the Contract Documents.
<br />2.4.12 The Architect shall prepare Change Orders and Con-
<br />struction Change Directives, with supporting documentation
<br />and data if authorized or confinned In writing by the Owner as
<br />provided In Paragraphs 3.1 and 3.3, for the Owner's approval
<br />and execution in accordance with the Contract Documents,
<br />and may authorize minor changes in the Work not involving an
<br />adjustment in the Contract Sum or an extension of the Contract
<br />Time which are not inconsistent with the Intent Of the Contract
<br />Documents.
<br />2.4.13 The Architect shall conduct inspections to determine
<br />the dates of Substantial Completion and final completion altd
<br />shall issue a final Certificate for Payment.
<br />2.4.14 The Architect shall Interpret and decide matters con-
<br />cerning performance of the Owner and Contrac-for under the
<br />requirements of the Contract Documents on written request of
<br />either the Owner or Contractor, The Architect's reW)nse to
<br />such requests shall be made with reasonable pro)atlptness and
<br />within any time limits agreed upon. When making such inter-
<br />pretations and Initial decisions, the Architect shall endeavor to
<br />secure faithful performance by both Owner and Contractor,
<br />shall not show partiality to either, and shall not lie liable for
<br />results of Interpretations or decisions so rendered in good faith.
<br />AR- T- ICLE 3
<br />ADDITIONAL SERVICES
<br />3.1 Additional Services shall be provided if authorized or con-
<br />firmed in writing by the Owner or if included In Article 12, and
<br />they shall be paid for by the Oa•ner as provided in this Agree -
<br />nlent- Such Additional Services shall include, In addition to
<br />those described in Paragraphs 3.2 and 3.3, budget anal} sis,
<br />financial fcasihility studies, planning .Surveys, erivironn)enral
<br />studies, measured di'"'Ings of existing conditions, coordina-
<br />tion of Separate contractors or independent consultants, coot•
<br />dill-100n of construction or project managers, detailed Cnn-
<br />struction Cost estimates, quantity surveys, interior design, pian.
<br />ping of tenant or rental spaces. inventories of materials ()r
<br />equipment, preparation of rcc•ord drawings, and any other sc•r
<br />vices not otherwise included in this Agreement under Basic 5cr-
<br />vices or not customarily funtishccl in accordance with generally
<br />accepted architectural practice.
<br />3.2 If more extensive representation at the site th;tn is
<br />do :scribeo in Subparagraph 2A,5 is requirccl, such additional
<br />project representation shall he provided and paid for as sct
<br />forth ill Articles I I and 12.
<br />3.3 As :In Additional Service in connection with change
<br />Orders and Construction Change Directives, the Architect shall
<br />prepare Drawings, Specifications and other documentation and
<br />d ;10, evaluate Contractor's proposals, and provide an ,Whet
<br />services nTacic necessary by such (:hange Orders and Cunstnrc
<br />tion Change Directives.
<br />ARTICLE 4
<br />OWNER'S RESPONSIBILITIES
<br />4.1 The Owner shall provide full information, including a pro)•
<br />grant which shall set forth the Owner's objectives, schedule.
<br />constraints, budget with reasonable contingencies, and criteria.
<br />4.2 The O%vner shall furnish surreys describing physical char
<br />`cteristics, legal lintitadon.s and utility locations for the sire of
<br />the Project, a written legal description of the site and rile .scr-
<br />`'ices of gcotcchnical engineers or other consultants when such
<br />services arc requested by the Arc'hitec't.
<br />4.3 'I he Owner shall furnish structural, mechanical, cIlcn)icail,
<br />air and water pollution tests, tests for hazardous materials, :rnd
<br />other laboratory and environmental tests, inspections and
<br />reports required by law or the Contract Documents.
<br />4.4 The Owner shall furnish all Icgal, accounting and insurance
<br />cnunsc-ling services as nlay he necessary at anytime for the
<br />Pro icci, including atidiling servic'cs the ()wrier may require• ro
<br />verify the Contractor's Applications for Payment or to ascertain
<br />hocv or for what purposes the Contractor has used the money
<br />paid by the Owner.
<br />4.5 The foregoing services, information, surveys and reports
<br />shall I>< Furnished at the Owner's expense, and the Architect
<br />shall be entitled to rely upon the accuracy and compictenc:ss
<br />thereof.
<br />4.6 Prompt written notice shall he given by the Owner to the
<br />Architect if the Owner hCconles aware of any fault or defect in
<br />the Project or nonconformance with the Contract Documents.
<br />4,7 The proposed language of certificates or certific•atior,s
<br />re•que•stcel of the Architect or Architect's consultants sharp he
<br />suhrnitted to the Architect for review and approval at IeaSt 1•i
<br />days prior all execution.
<br />3 81511987 AII►laOCUMENt 8151 • A11I1REV1A rf l) OVr NIiR- ARCHITECT AGREEMENT • 1'11IRD F.UI'r1UN •AIR® • J I yH?
<br />111E AMERICAN INST11trTF. of ARC111TECT:S, 1735 NEW YORK AVENIT. N.W, WASHINGTON, D.C. 20(X)6
<br />
|