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Agenda - Council - 03/26/2013
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Agenda - Council - 03/26/2013
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Meetings
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Agenda
Meeting Type
Council
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03/26/2013
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shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing <br />by the Architect. <br />2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, <br />modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will <br />not be unreasonably withheld. <br />2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the <br />Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this <br />Agreement unless otherwise modified by written amendment. <br />2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's <br />operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep <br />the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner <br />against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner <br />indicating that the Work, when fully completed, will be in accordance with the Contract Documents_ However, the Architect shall <br />not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect <br />shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or <br />procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and <br />responsibilities under the Contract Documents. <br />2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent <br />construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to <br />perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the <br />Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or <br />omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions <br />of the Work. <br />2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. <br />2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the <br />Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the <br />Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. <br />2.6.9 CERTIFICATES FOR PAYMENT <br />2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. <br />2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's <br />evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, <br />that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the <br />quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation <br />of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and <br />inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific <br />qualifications expressed by the Architect. <br />2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or <br />continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, <br />techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and <br />other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose <br />the Contractor has used money previously paid on account of the Contract Sum <br />2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the <br />Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in <br />accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. <br />AIA DOCUMENT B151-ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF <br />ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and <br />will subject the violator to legal prosecution. This document was electronically produced with permission of the AMA and can be reproduced without violation until the <br />date of expiration as noted below. <br />Electronic Format B151-1997 <br />User Document: 97B 1510A.CON -- 11/8/2001. AIA License Number 108520, which expires on 2/1/2002 -- Page #3 <br />
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