|
03/27/03 THU 13:21 FAX 612 645 o ? 13 )MENY KELL .kRC I TECTS PA
<br />a
<br />Lec niques, sequences or procedures, (3) reviewed copies of
<br />requisitions received from Subcon Lractors and material
<br />suppliers and other data requested by the Owner to substantiate
<br />the Contractor's right to payment or (4) ascertained how or for
<br />what pul -Pose the Contractor has used money previously paid
<br />an account of the Contract Sum.
<br />2.6.10 The Architect shall have authority, after notificatiot,
<br />to the Con &iru ction Manager-and apprQyvaf in w ( tiro la _
<br />C) to reject Or aCQfiALWork wh i6 does not conform to
<br />the Contract, Documents. \Aenever the Architect considers it
<br />necessary or advisable for implementation of the intent of t],e
<br />Contract Documents, the architect will have authority} upon
<br />written authorization front the Dwyer, to require additional
<br />inspectinn or tes Ring of the Work in accordance with the
<br />provisions of the Contract Documents, whether or not such
<br />Work is fabricated, installed or completed. However, neither
<br />this authority o f the Architect nor a decision made in good
<br />faith either to exercise or not to exercise such authority shall
<br />give rise to a duty or responsibRiLy of the Architect to the
<br />onstr=Lion Manager, Contractors, Subcontractors, material
<br />and equipment suppliers, their agents or employees or other
<br />persons performing portions of the Work,
<br />2.6. 11 The Architect shall review and approve or take o Lher
<br />appropriate action upon Contractors' submittals such as Shop
<br />Dray% inns, Product Data and Samples, but only for the liitited
<br />purpose of checking for conformance with information given
<br />and the design concept expressed in the Contract Documents.
<br />The Architect's action shall be taken with such reasonable
<br />promptness as to cause no delay in Lhe Contractors' Work or iii
<br />construction by the ONvner's own forces, while allowing
<br />sufficient time in the Architect's professional Judgment to
<br />permit ade -qua t e review. Review of such submittals is no t
<br />conducted for the purpose of determining the accuracy and
<br />co rn pleteness of o [her details such as dimensions and quantities
<br />or for substantiating instrucLions for installation or
<br />performance of equipment or systems designed by the
<br />C otitractors, all of %vhich remain the responsibility of the
<br />Contractors Lo the extent required by the Coiatract Doculuen s.
<br />The Architect's review shall not constitute approval of safety
<br />precautions or, unless otherwise specifically staled by the
<br />Archi lest, of construction means, methods, techniques.
<br />sequences or procedures. The Architect's approval of a specific
<br />+tem shall not indicate approval of an assembly or which the
<br />item is a component. When professional certification of
<br />performance characteristics of materials, systeins or equi
<br />ri pment
<br />is required by the Contract Documents, the Architect shah be
<br />entitled to rely upon, such ceitif ication to establi.r%h that the
<br />materials, systems or cquipmen L will meet the performance
<br />criteria required by the Contract Documents.
<br />2,6.12 The Architect shall review and sign or take other
<br />appropriate action on Change Orders and Comstructiori
<br />Change Directives prepared by the Cons Lruction Manager For
<br />the Owner's approval and execution in accordairce With the
<br />Contract Dcicuinellls.
<br />2.6.13 The Architect may authorize minor changes in Work
<br />not in- sruiving aii adjustment in a Contract Suill or an extension
<br />of a Contract Time which are not inconsistent with the intew
<br />9005
<br />of the Contract Documents. Such changes drab be ef`f'ected by
<br />written order issued through the Construction Manager.
<br />2.6.14 The Architect, a sis led by the Construction Manager,((
<br />shalt conduct ins ecLio its to determine the date or dates of
<br />Su bstannal Corry f ti F
<br />� e on ��� the date of Final cc�rnplettorti, The
<br />Architect shall forward to the Owner warranties and sirnilar
<br />submit is i required by the Contract Documents which have
<br />been received frorn the Construction Manager. The Architect
<br />shall issue a final Proiect CertificaLe for Payment upon
<br />compliance with the requirements of the ConiracL Docurnen ts.
<br />2 X6.1 5 The Aritec l shall interpre L and decide matters
<br />concerliing performance of the Owner and Contractor under
<br />the requirements of the Contract Documents on written
<br />request of either the Owner or Contractor. Tile Architect's
<br />response to such requests shall be, made with reasonable
<br />promptness and within any time Em its agreed upon.
<br />2.6.16 Tnterpretallons and decisions of'tile Architect shall be
<br />consistent wiUl the in teat o C and reasonably in ferabie from the
<br />Contract Documents and shall be iii writing or in the form of
<br />drawl ics. When ma tg such interpretations and initial
<br />decisions, the Architect shall endeavor to secure fa itltfu 1
<br />performance by bo Lh Owner and Contractors, shall not shoe
<br />partiality to either, and shall riot be liable for results of
<br />interpretations or decisions so rendered ill good faith.
<br />2.6.17 The Architect's decisions on matters relating to
<br />aesthetic effect ,gban be finial if consistent with the intent
<br />expressed in the C ontnacL Documents.
<br />2.6.15 The Architect shall render written decisions within a
<br />reasonable tithe ort all clairns, disputes or ocher lnalters in
<br />question between the Owner and Contras tors relating to the
<br />execution or progress of the Work as provided in the Coin trac t
<br />Documents.
<br />2.5.19 The Architect's decislotis on claims, disputes or outer
<br />matters, including those in question between the Owner and
<br />Contractors, except for those relating to aesthetic effect as
<br />provided in Subparagraph 2-6.17, shad ire subject to dispute
<br />r as provided in this Agreement and in the
<br />Contract DocumeiiLs.
<br />ARTICLE 3
<br />AC)DITIONAL SERVICES
<br />3.1 GENERAL
<br />3.1.1 The , services described in this Article 3 are not
<br />included in Basic Services Unless so identi Pied ui Articcle r2, and
<br />they shall be paid for by the Owner as provided in Lb is
<br />AgreemenL, in addition to ilxe coraperLsati on for basic Services.
<br />The services described. under Pamgraphs 3.2. and 3.4 shall only
<br />be provided if authorized or confirmed in writing by the
<br />Owner. If services described under Contingent Additional
<br />Services in Paragraph 3.3 are required due to circunistances
<br />beyancl the Architect's control, the Architect shaU notify the
<br />Owner in wMir prior to commencing such services. If the
<br />AIA DOCUMENT f a - - A Ft - � T RV R -Aa -99 - MAID - 0 1992 -
<br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE N.W., WASHINGTON, 6.F,. ZOM6 -5292. WARNING; Unlicensed photocopying
<br />Viol aTes U.S. copyri ghi lags and will subject the violator to legal pro: recuti ors, This document was electronically produced with permis si on of the
<br />AI A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 4102(l)-
<br />4I(a l4 l).a i a -- 1(28/2003. AIA License Number 1001863P which expires c n 212/2003.
<br />Electronic Format 81411CMa -1992
<br />4
<br />
|