98-023 Ordinance - Laserfiche WebLink

Home Browse Search

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- reccion period described in the Contract for Construcdon. 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. 2.6.5 T'he 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 with the progress and quality of the Work compieted and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be 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 quanaty of the Work. On che basis of on-site observations as an architect, the Archicect 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. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architccc shall noc have concrol over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precaucions 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 responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contracc Documents. The Architect shall not have control over or chuge of acts or omissions of the Contrac- tor, Subcontractors, or their agenu or employees, or of any other persons pcrforming ponions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communicadons have been spe- cially authorized, the Owner and Contractor shall communicace through the Architect. Communications by and with the Archi- tect's consultanu shall be chrough the Architect. 2.6.9 Based on che Architect's observations and evaluations of the Contractor's Applicadons for Payment, the Archi[ect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's cenification for payment shall consti- cute a representation co the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that, to the best of the Architect's knowledge, informa- cion and belief, the Work has progressed to [he point indica[ed and the quality of Work is in accordance with the Contract Documents. Thc foregoing representadons are subject to an evaluation of the Work for conformance with the Contract Documenu upon Substantial Completion, to results of subse- quent tests and inspcctions, to minor deviadons from the Con- tract Dociunents correctable prior to completion and to spe- cific qualifications expressed by the Architecc. The issuance of a Certificate for Payment shall further constitute a representadon that the Contractor is endded to payment in che amount cerci- fied. However, the issuance of a Cenificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quandty of the Work, (2) reviewed construcdon means, meth- ods, cechniques, sequences or procedures, (3) revicwed copios of requisitions received from Subcontraccors and matetial sup- pliers and o[her data requested by the Owner to substantizte the Contractor's right to payment or (4) ascertaincd how or for whac purpose the Contractor has used money previously paid on account of the Contraa Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documencs. Whenever the Architect rnnsiders it necessary or advisable for implementa- tion of the intent of the Contract Documcnts, the Architect will have authoriry to require addiaonal inspection or cesting of the Work in accorciance with the provisions of the Concrxt Docu- ments, whether or not such Work is fabricated, installed or completed. However, neitha this authority of the Archicect nor a decision made in good faich either co exercise or not to eaer- cise such authori[y shall give rise co a dury or responslbility of the Archicect to the Contractor, Subconcractors, 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 conformancc with information given and the design conccpt expressed in the Contract Documencs. The Architect's action shall be talcen with such rasonable prompcness as to cause no delay in che Work or in the con- scrucdon of the Owner or of separate contractors, while allow- ing sufficient time in thc Architect's professional judgmrnt to permit adequate review. Review of such submittals is not con- ducted for the purpose of determir?ing che accuracy and com- pleteness of otha details such as dimensions and quandties or for substantiating inscrucdons for installarion or gerformance of equipment or systems designed by che Contrdccor, all of which rcmain the responsibility of the Contraccor to the eactent required by the Contract Documents. Thc Architect's review shall not conscicuce approval of safety precautions or, uniess otherwise specifically stated by the Architect, of consuucdon means, methods, techniques, sequrnces or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the icem is a component. When professional certificadon of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be rntided to rely upon such certification to establish that the mzterials, systems or equip- ment will meet the performance criteria rcquired by the Con- tract Documrnts. 2.6.13 The Architect shall prepare Change Orders and Con- scruccion Change Direccives, wich supporcing documencadon and data if deemed necessary by the Architect as pravided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execudon in accordance with the Contract Documents, and may authoriu minor changes in the Work not invoiving an adjusunent in the Conuact Sum or an extension of the Contract Time which are noc inconsisccnt wich thc incent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final compleaon, shatl receive and forward to the Owner for the Owner's review and records written warranties and related documents required by rhe Contract Documcnts and asscm- bled by the Contraccor, and shall issue a final Cenificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT 81+1 • OWNER-ARCHI'I'EC'f AGRBEMENT • FOURTEENTH EDITlON • AIAO 9 01987 3 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVIIVUE, N.W., WASHllVGTON, D.C. 20006 WAFiNING: Unlicensed photocopying vfolates U.S. copyright laws and is wbJeet to legal prosecutia+. ,w?2 ,.?, ,.. ,?.???.??.?•«.??? ? ,. ,,<, . ???r?+ n ?,, , , ?.,.?.??. ?,?,???,? u??+?, r?a ..