Agenda - Council - 03/08/2005 - Laserfiche WebLink

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completed and to determine in genera~llif the Work is bei~ng performed in a manner indicating that the Work when completed will be in accordance with, the Contract D0e. uments. However, the Architect shall not be required to make exhaustive or continuous on-site insp~fions to ch~Ck thg quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shaIl keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Ownar:against defgcts ml~deficiencies in the Work. (More extensive site representation may be agreed to as an Additional serVice, as described in Section 3.2.) § 2.$.$ The Architect shall not have control over o~ charge of and shall not be responsible for construction means, methods, techniques, sequences or prbcedures, o_r for s~fe~ precautions and programs in connection with the Work, since these are the Contractors' respota~ibility under th~ COntracts for Construction. The Architect shall not be responsible for the Contractors' sche4Ules or failfl~eltOic~ out the Work in accordance with the Contract Documents. The Architeat shall not beiresp0nsibl6 for the performance by the Construction Manager of the services required by the Construction Manager'~s agreemen~ wi~ th~ Owner. The Architect shall not have control over or charge of acts or omissions of the C°OtractorS, SubcOntraCtors, or their agents or employees, or of any other persons performing services or portions of the' Work. § 2.15,7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.15.8 Communications by and with .the Architect's consul~nts shall be through the Architect. § 2.153 Based on the Architect's observations and evaluations of each Contractor's Application for Payment, the Architect shall review and certify the amounts duelthe respective Contractors. § 2.15.~.~ The Architect's Certification for payment .~hall c0nstitute a representation to the Owner, based on the Architect's observations at the site as pt'Ovidedin SeCtion 2.6.5, on the recommendations of the Construction Manager and on the data comprising th9 contracto~s~ ApiS~cations for Payment, that, to the best of the Architect's knowledge, tntormatton and behef, the.Work has Erogres~ed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon St~bstantial Completion, to results of subsequent tests and inspections, to minor deviations froTM il~e ContraeffD0cmnents correctable prior to completion and to specific qualifications expressed by the Architect. The, issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. § 2.153,2 The issuance of a Certificate for Payment Shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections tO check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequenc~ or proeedure~, (3)reviewed copies of requisitions received from Subcontractors and material suppliers ami Other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for What purpos~ the Contractor has used money previously paid on account of the Contract Sum. § 2.8A0 The Architect shall have authority, after notification t° the Construction Manager, to reject Work which does not conform to the Contract DocUments. WheiaeVer the Architect considers it necessary or advisable for implementation of the intent of the Coniract Documents, the Architect will have authority, upon written authorization from the Owner, to require additiOnal inSpection or testing of the Work in accordance with the provisions of the Contract Document$i whether or tot such Wo[k is fabricated, installed or completed. However, neither this authority of the Architect nor a deeisiofl made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of ~he Architect to the Construction Manager, Contractors, Subcontractors, material and equipment supPliers, their agents or employees or other persons performing portions of the Work. § 2.$A ~ The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as S hop Drawings, Product Data and Samples; but only~for the limited purpose of checking for conformance with information given and the design concept expr~sefi in the Contract Documents. The Architect's action shall be taken with such reasonable promptnesa as to cause no delay in the Contractors' Work or in construction by [he Owner's own forces, while allowing stifficient timei in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for isubstantiating instructions for installation or performance of AIA Document R141/CMaTM - 1992. Copyrlg[ht~;1992 I~YThe:/~nerican institute of Architects. All rights reserved. WARNING Th s AIA~ Document is protected by U.S. Copyright Law and InternallO~l~ I Tre~ltie~. Un, ard~ldri ed reproduction or distribution of this AIA® Document or an ortion of it may result in severe civil and criminal penalfl$~elnd Will be i~r~SeC~lle~ to the maximum extent possible under the law. This ~ocum~ntPwas produced by A IA software at 15:21:18 on 01/'13/2005 under On:let N6.10001 ~83'12 1, ~AqIch expires on 7/15/2005 and s not for resa e. User Notes: ' ~ ! :: ' (3604-103679)