|
MAR. 13. 1998 5: 20PPd BRAPdDST~T ~ l;R CAP,ROI.I.
<br />2.6.4 The ATChittct shall be a representative of and shalt advise
<br />and Consult with the Owner (1) during construcuon until final
<br />payment to the Contactor is due, and (2) as an Additional Ser-
<br />vice at the Owner's direction from time to timt during the cor-
<br />rection period described In the Contract for Construction. The
<br />Architect shall have authority to act on behalf of the Owner
<br />only to the extent provided in this Agreement unless otherwise
<br />modified by written instrument.
<br />x.6.5 The Architect shall visit the site at intervals appropriate
<br />to the stage of construction or as othctwise agreed by the
<br />Owner and Architect in writing to become gcnrtally familiar
<br />with tht progress and quality of the Work completed and co
<br />determine in general !f the Work is being performed in a man-
<br />ner lndicadng that the Work when completed will be in accor-
<br />dance with the Contact Documents. However, the Architect
<br />shall not be required co make exhaustive or continuous on-site
<br />lnspecuons to check the quality or quantity of the Work. On
<br />the basis of on-site observations as an architect, the Architect
<br />shall keep the Owner informed of the progress and quality of
<br />the Work, and shall endeavor to guard the Owner against
<br />de[ecrs and detlc;encics in the Work. (More ezte,esfie sire
<br />representation -nay be agrc~:d ro us u>n Rddltional Serelcs, as
<br />descr(bed !n Paragraph j.2.J
<br />2.6.6 The Architect Shall not have control over or charge of
<br />and shall not be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety precautions
<br />and programs in connection with the Work, since these are
<br />solely the Contractor's responsibility under the Contact for
<br />Construction. The architect shall nut be ruponsiblt for the
<br />Contractor's schedules or failure to Carry out the Wprk In accor-
<br />dance with the Contna Documents. The Architect shall not
<br />have control over or charge of acts or omissions of tht Contrac-
<br />tor, Subcontractors, or their agents or employees, or of any
<br />other persons performing portions of the Work.
<br />2.B.7 The Architect shall at all times have access to the Work
<br />wherever it is in pccptirttion or progress.
<br />2.6.6 Except as may otherwise be provided in the Contract
<br />Documents or when. direct communieadotu have been spe-
<br />cially authorized, the Owner and Contractor shall communicate
<br />Through rhr Archltea. Communications by and with rhr Archi-
<br />trct's consultants shall be through the Archttcct.
<br />2.6.9 Sascd on the Architeci's observations and evaluaT+ons of
<br />the Contactor s Applications for Payment, the Architect shall
<br />review and certify [hc amounts due tht Contractor.
<br />2.6.10 The Architect's certification for payment shall consri-
<br />tutc a representation t0 the Owner, based ou the Architect's
<br />Obsefva[ions at the site as provided in SubpaagraphL.G.S :end
<br />on the data comprising the Contractor's Application for Yay-
<br />ment, that, ro the best of rhr Art:hitcet's knowledge, informa-
<br />tion and belief, rhr Work has progressed to the point indicated
<br />and the quality of Work is in accordance: with the Contact
<br />Document. The fi~regning representaaorLS :ate subject to an
<br />evaluation of the Work for Conformance with the Contact
<br />Documents upon Substantial Completion, to results of subse-
<br />quent tests anal inspections, to minor deviations from the Con-
<br />tnrct Documents carrectablc prior to completion and to spc-
<br />ciFic gtulifcttians expressetl by the ArehirtCt. 1'hr: issuance o!a
<br />Certific:ttc for P;iytlteitt shall further mnstitutc a ~rcprescntatinn
<br />that the Contractor is entitled to frayment in the amount Certi-
<br />fied. However, the issuance of a Certificate for Payment shall
<br />not be a rt'prr5cntatiUn Hutt the Architec[ hat (1) made exhauc-
<br />tivr ar Conrinuau.: tin-aitc inapcctkrns to check the quality yr
<br />:i0.. ~~Y '. 13
<br />quantity of the Work, (2) reviewed construction means, meth-
<br />ods, techniques, sequences or procedures, (3) reviewed copies
<br />of requisitions received from Subcontractors and material Sup-
<br />pliers and other data requcsteti by the Owner to substantiate
<br />the Contractor's right to payment or (4) asccrtaincd how or for
<br />what purpose the Contactor has used money previously paid
<br />an account of the Contract Sum.
<br />a.6.i 1 The Architect shall have authority to reject Work which
<br />does not conform to the Contract Documents- whenever the
<br />Ar_liitect Considers it necessary or advisable for implcmtnta-
<br />tion of [he intent of the Contract Documents, the Architect wUl
<br />have authority to require additional inspection or testing of [hc
<br />Work in accordance with the provisions of the Contract Docu•
<br />meats, whether or not such Work is Etbticattd, installed or
<br />completed. However, neither this authorlty of the Architect nor
<br />tt decision made in good faith either to exercise or not to cxtr-
<br />eiSe such authorlty shall give rase to a duty or rtaponsibility of
<br />the Architect to tht Contractor, Subcontractors. material and
<br />equipment `suppliers, their agents or employees or other per-
<br />sons performing portions of the work.
<br />2.6.12 The Archttect shall review and approve or rake other
<br />appropriate action upon Contractor's submittals such as Shop
<br />t)rawings, Product Data and Samples, but only for the limitcci
<br />purpose of checking for conformance with information given
<br />and the design concept expressed in the COptraC[ Documents.
<br />The Architect's action shall be taken with such reasonable
<br />promptness a5 r0 cause no delay in the Vvork or in the con-
<br />strucrinn of The Owner or of separate contractors, while allow-
<br />ing sufficient time in the Architect's professional lodgment to
<br />permit adequate review. Review of such submittals is not Con-
<br />ductecl for the purpose of determining the accuracy and com•
<br />pleteness of Other details such as dimensions and quantities or
<br />for substantiating instructions for installation or performance of
<br />equipment or systems designed by the Contactor, all of which
<br />remain the responsibility of the Contactor to the extent
<br />required by the Contract Documtnts. The Architect's review
<br />shall not constitute approval of safety precautions or, unless
<br />Otherwise specifically stared by the Architect, of construction
<br />meant, methods, techniques, sequences or procedures. The
<br />Architect's approval of :t specific i[em shall nor indicate
<br />approval of an assembly of which the item is a component.
<br />When professional cenificatton of performance CharaCCe[iscics
<br />of matcrittle, systems or cqt+ipmen[ is required by the Contract
<br />Documents, the Architect shall lx entttlcd to rcl}• upon such
<br />certification to establish that the matcrial5, systems or equip-
<br />ment will meet rhr pcrformaace Criteria required by the Con-
<br />tnct Aocuments. '
<br />2,6.13 The Architect shall prepare Change Orders and Con-
<br />struction Change Directives, with supporting documcnrrtion
<br />and data if deemed necessary by rhr Architect as provided in
<br />Subparagraphs 3.1.1 and 3.3. j, for the Owner's approval and
<br />exct:utiun in accordance with the Comma Documtnts, and
<br />may authorise minor Changes in the Work no[ involving an
<br />adjtisunent in the Contract Sum or an extension of rhr Contract
<br />Time which are nut inconsistent With [hc intent of the Contract
<br />Documtnts.
<br />2.6,14 The Architect shall conduct inspections «~ determine
<br />the date or darts of Substantial Completton and the date of final
<br />Completion, shall receive and forward to the Owner for rhr
<br />Owner's review and records waittett warranties and related
<br />dcrcumcticr rryuired by rhr Comraa Documents and assem-
<br />bled by thcContractor, and shall ig.uc a final Certificate for Pay-
<br />ment upon compliance wi[h rhr requirements of the Contract
<br />Dt~ctrmcnl~.
<br />AIA oOCUtMENT ®141 ~ UWNER-AACHiTFCT AGREEtNEN7 • FOuttTfi&NtH EDITION ~ AIA~ • m t98T
<br />B~ 41-~ 957 l't1! AMliltl(:AN 1N.STITUTE OF ARCHITECTS. 1735 NEB YOIIK AVF1VUti, N.W., WASHINGTON, D.C. 2000G
<br />WAHNIt~: Uedket-s;td ptatoeopytng Wotetes U.S. copyright Ittw~ end to wbpct a Itgal ptosecutton-
<br />
|