2003_0331_packet - Laserfiche WebLink

Home

03/27/03 THU. 13 . 23 FAX 012 645 0213 ANKENY inspections and reports required by law or the contrac D ocu rr.etas. 4.9 The Owner shall furnish all legal, accounting, ali insurance counsehn semces as may be necessary at any ti m, for the 11ro jectt including auditing services the Owner ma require to verify the Contractor's Application for Payrnent or to ascer-ta i r, hour or far what Purposes the Contractor has used the - money paid by or or: behalf of the Owner, Nothina herei n � tLowever, sbJal be deemed to n obli i the!. part of he Owner to fucaish legal co i or lndem the Archftew for its .alleged ful acts. - The services, information, orma►tion, s utveys and reports required by Paragraphs 4.6 through 4-9 shall be furnished at the Owner's expense. and the Architect shall be entitled to rely upon the accuracy and completeness therco f. I 4.11 Prompt written notice shall be given ' by the Owner to [he Architect and COnstrucdon Manager if the Owner becomes aware of any fault or defect in the Project or honconf'ormEillce with the Contract Documents. 4.12 The pruposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval al least 14 days prick to Mctrtion, The Owiier shall not request certifications that world require knowledge or services heyolld the scope of [his Agreement. 4.13 Tlie Owner shall furnish the required information and services and shall reader ap ro -vals and decisions as expeditiously as necessary forte orderly progress of the krchitect's services and fork of the Contractors. 4.14 The Owner shall furnish the Architect copies of Writ [en communications with the Ca nstruction manager and C ontractors. ARTICLE S CONSTRUCTION cost S .1.1 The Construction Cos[ shall be the total cost or estimated cost to the Dormer of all elements uF the project designed or sped lied lxy tale Architect. 5.1.2 The Construction Cost shall include the cost at curre11t ,market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided For by the Architect, plus a reasonable allowance for the Contractors" overhead and profit_ in addition, a reasonable allowance for contingencies shall be included for inarlcet conditions at the time of bidding and for changes in the Work during construction. Construction Cost shall also include the comp k=sation of the Construclio n Manager and Construction Manager's consultants. 5.1.3 Constructlon Cost does nat include the corrtpenSation of the Architect and Architect's consultants, Lhe costs of the land} rights-of-way, mincing or other costs which are the responslbUy of the Owner as provided in Paragraphs 4.1 through +4 and 4.6 through 4.14- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The Arc131tect's review a f Cite Owner's protect budget a tied Of prelitninuY e.stimates estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance ill the Architect's preparation of the Construction Documents. Accordingly, the Architect cajutot and does not warrant the aCCUMCY or the estimates o F the Construction Mimager, or warrant or represent that bids or liegodated prices will not vary from the Owrier.s Project budge[ or from a11y estimate of Construction Cus[ or evaluation reviewed by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement, 5; .3 In the event that the Constructio4, maiiager`s estimate or the lowest bona fide bid or uegotiated proposal received by the %meter exceed the Owner's budget for reasons other than those described irn PUagmpli 3.3, the modification of Contract Documents shall be the lhni t of the Architect's responsibility. The Architect shall be cn[itled to conapensmion in accordance with this Agreement for all services performed whether or not the Construction Phase is cotmnenced. ARTICLE b USE Of ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings Specifications and other docuineiits prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this protect 213d, unlens otherwise provided, the Architect shall be deeined (lie author of these documents and shall retain aU coinmon law, statutory and other reserved rights, includlaig the copyright. The Owner shall be permli ted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other docuinents For information and reference connection with the Owner's use and occupancy or the project. The Architect's DraNNings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this project by others, unless the Architect is adjudged to be iii default under this Agreement. except by agreeinen[ in writing acid with appropriate Compensation to the Architect. 6.2 Submission or distribution of docurnents to ineet official regulatory ]requirements or for shmilar purposes in co:Inection with the Project is not to be cuastrued as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION AIA DOCUMENT 91 a - OWNER-ARCHITECT A - ON •TRUCTIC kGER-ADV15ER EDITfOISF - IT QN - AiAG THE AMERICAN INSTITUTE OF ARCH tTECT5r 1735 NEW YORK AV ENS N. W., WASHINGTON, a. 1�. ZE 5 -5292. WARN rNG.- Unlicensed photocopying io late, U.S. copyright laws and will sub jecr the u 1c 1 a?Qr to legal pro iecuti on. This document was electronically producQ d with perm ission of the AIA and can he reproduced in accordance with your license without I lation Until the date of expiration as noted below. Usor ❑QC:Vment; 4002(i)- A4(hl4l).ala -- 1/2EV2003, AIA License Number 1001 -5E3, which expires in 1 03, Electronic Formar 8141/CMa -1992 7