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2014-017 Resolution
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North Olmsted Legislation
Legislation Number
2014-017
Legislation Date
2/18/2014
Legislation Title
Grusenmeyer Amended Agreement
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§3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of.the <br /> Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests <br /> shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. <br /> §3.6.2.4 interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable <br /> from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations <br /> and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not <br /> show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith. <br /> §3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that teen, <br /> is defined in ALA Document A201-2007,the Architect shall render initial decisions on Claims between the Owner <br /> and Contractor as provided in the Contract Documents. <br /> §3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR <br /> §3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such <br /> amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the <br /> Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's <br /> Application for Payment, that,to the best of the Architect's knowledge,information and belief,the Work has <br /> progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The <br /> foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents <br /> upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations <br /> from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. <br /> §3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made <br /> exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction <br /> means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from <br /> Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to <br /> payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the <br /> Contract Sum. <br /> §3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. <br /> §3.6.4 SUBMITTALS <br /> §3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold <br /> approval.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal <br /> schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient <br /> time in the Architect's professional.judgment to permit adequate review. <br /> §3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take <br /> other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,but only <br /> for the limited purpose of checking for conformance with information given and the design concept expressed in the <br /> Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness <br /> of other information such as dimensions,quantities,and installation or performance of equipment or systems,which <br /> arc the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or, <br /> unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or <br /> procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is <br /> a component. <br /> §3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or <br /> certifications by a design professional related to systems,materials or equipment,the Architect shall specify the <br /> appropriate performance and design criteria that such services must satisfy.The Architect shall review Shop Drawings <br /> and other submittals related to the Work designed or certified by the design professional retained by the Contractor <br /> that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely <br /> upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by <br /> such design professionals. <br /> AlA Document 8101"'—2007 formerly 13161n'—19971.Copyrights 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights <br /> Init. reserved.WARNING:This AlA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 7 <br /> this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under <br /> the law.This document was created on 06/12/2013 11:07:04 under the terms of ANA Documents-on-Demand""order no. 2008611102 ,and is not for <br /> resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. <br />
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