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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
Document Date
03/26/2013
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However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such <br />authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment <br />suppliers, their agents or employees or other persons or entities performing portions of the Work. <br />2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop <br />Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and <br />the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness <br />as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient <br />time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the <br />purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating <br />instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as <br />required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless <br />otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The <br />Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. <br />2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are <br />specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design <br />criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the <br />design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. <br />The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals <br />performed by such design professionals. <br />2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and <br />data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution <br />in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the <br />Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. <br />2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final <br />completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties <br />and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for <br />Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. <br />2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and <br />requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such <br />requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. <br />2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the <br />Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, <br />the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and <br />shall not be liable for results of interpretations or decisions so rendered in good faith. <br />2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and <br />Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall <br />be final if consistent with the intent expressed in the Contract Documents. <br />2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for <br />those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in <br />this Agreement and in the Contract Documents. <br />ARTICLE 3 ADDITIONAL SERVICES <br />3.1 GENERAL <br />3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they <br />shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services_ The services <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 ALA and can be reproduced without violation until the <br />date of expiration as noted below. <br />Electronic Format B151-1997 <br />User Document: 97B151OA.CON -- 11/8/2001. AIA License Number 108520, which expires on 2/1/2002 -- Page #4 <br />
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