|
2.6.4 The Architect shall he a representative of and shall advise
<br />and consult with Ihr Owner (1) during construction until final
<br />payment to the Contractor is clue, and (2) as an Additional Ser-
<br />vice at the Owner's direction from time to time during the cor-
<br />rection period described in the Contract for Construction. The
<br />Architect shall have authority to act 00 behalf of the Owner
<br />only to the extent provided in this Agreement Unless otherwise
<br />modified by written instrument.
<br />2.6.5 The Architect shall visit the site at intervals appropriate
<br />to the stage of construction or as otherwise :'greed by the
<br />Owner and Architect in writing to become generally familiar
<br />with the progress and quality of the \\'ork completed and to
<br />determine in general if the Work is bring performed in a man-
<br />ner indicating that the \C'ork when completed will he in accor-
<br />dance with the Contract Documents. However, the Architect
<br />shall not he required to make exhaustive or continuous 00-site
<br />inspections to cheek the quality or quantity of the \9rnrk. On
<br />the hasis of on -site observations as an architect, the Architect
<br />shall keep the Owner inlornt el of the progress and quality of
<br />the Work, and shall endeavor to guard Ihc Owner against
<br />defe'c'ts and (IcliCicneics in the Work. (More extensive site
<br />representation may be agree/ to as an ildrf(linrvtl Service, as
<br />described in Paragraph
<br />2.6.6 The Architect shall not have control over or charge of
<br />and shall not be responsible for construction means, methods,
<br />techniques, sequences Or procedures, Or for safety precautions
<br />and programs in connection with the Work, since these are
<br />solely the Contractor's responsibility under the Contract for
<br />Construction. The Architect shall not he responsible for the
<br />Contractor's schedules or failure to carry out the Work in accor-
<br />dance with the Contract Documents. The Architect shall not
<br />have control over or charge of acts or omissions of the Contrac-
<br />tor, Subcontractors, or their agents or employees, or of any
<br />other persons performing portions of the Work.
<br />2.6.7 The Architect shall at all times have access to the Work
<br />wherever it is in preparation or progress.
<br />2.6.8 Except as stay otherwise he provided in the Contract
<br />Documents or when direct conununic-alions have been spe-
<br />cially authorized, the Owner and Contractor shall communicate
<br />through the Architect. Communications by and with the Archi-
<br />tect's consultants shall he through the Architect.
<br />2.6.9 Based on the Architect's observations and evaluations of
<br />the Contractor's Applications for Payment, the Architect shall
<br />review and certify the amounts due the Contractor.
<br />2.6.10 The Architect's certification for payment shall consti-
<br />tute a representation to the Owner, based 00 the Architect's
<br />observations at the site as provided in Subparagraph 2.6A and
<br />on the data comprising the Contra'ctor's Application for Pay-
<br />ment, that the Work has progressed to the point indicated and
<br />that, to the (hest of the Architect's knowledge, information and
<br />belief, quality of the \C'orle is in accordance with the - Contract
<br />Documents. The foregoing representations are subject to an
<br />evaluation of the Work for conionnance with the Contract
<br />Documents upon Substantial Completion, to results of subse-
<br />quent rests :tad inspections, to minor deviations from the Con-
<br />tract Documents correctable prior to completion and to spc-
<br />e'ific qualifications expressed by the Architect. The issuance of a
<br />Certificate for Payment shall further constitute a representation
<br />that the Contractor is entitled to payment in the amount certi-
<br />fied, I lowcvcr, the issuance of a Certificate for Payment shall
<br />not he a representation that the Architect has (I) malls exhaus-
<br />tive or continuous nn -Site inspections 10 Cheek the quality or
<br />quantity or the Work, (2) reviewed construction means, meth-
<br />ods, techniques, Segti'nccs 01 prnce(lures, (3) reviewed copies
<br />of requisitions received from Subcontractors and material sup-
<br />pliers and other data requested by the Owner to substantiate
<br />the Contractor's right to payment or (1) ascertained how or for
<br />what purpose the Contractor has used money previously paid
<br />on account of the Contract Sum.
<br />2.6.11 The Architect shall have authoriy 10 reject Work which
<br />cloys not conform to the Contract Documents. \C'henevcr the
<br />Architect considers it necessary or advisable for implementa-
<br />tion of the intent of the Contract Documents, the Architect will
<br />h :Iv't' authority to require additional inspection or resting Or the
<br />Work in accordance with the provisions of Ihc Contract poeti-
<br />nienls, whether or not such Work is fabricated, installed or
<br />completed. I lowever, neither this authority of the Architect nor
<br />a decision made in good faith either to exercise or not to exer-
<br />cise such authority shall give rise to a duty or responsihilily of
<br />the Architect uI Ihc Contractor, Subcontractors, material and
<br />equipment suppliers, their agents or employees 01 other per-
<br />sons perfnrmilig portions of the work.
<br />2.6.12 The Architect shall review and approve or take other
<br />appropriate action upon Contractor's submittals such as Shop
<br />Drawings, Product Data and Samples, hut only for the limited
<br />purpose of checking for conformance with information given
<br />and Ihc design concept expressed in the Contract Documents,
<br />The Architect's action shall he taken with such reasonable
<br />promptness as to cause no delay in the Work or in the con-
<br />struction of the Owner or of separate contractors, while allow-
<br />ing .sufficient time in the Architect's professional judgment to
<br />permit adequate review. Review of Such submittals is not con -
<br />dUcte'd for Ihc purpose of determining the accuracy and com-
<br />pleteness of other details such as dimensions ancl quantities or
<br />for suhstantiating instructions for installation or performance of
<br />equipment or systems designed by the Contractor, all of which
<br />remain lltc responsihility of the Contractor to the extent
<br />required by Ihc Contract Documents. The Architect's review
<br />shall not constitute approval of safety precautions or, unless
<br />otherwise specifically stated by the Architect, of construction
<br />means, methods, techniques, sequences or procedures. The
<br />Architect's approval or a .specific ite'nm shall not indicate
<br />approval of an assembly of which Ihc ilcnm is a component.
<br />When professional certification of performance characteristics
<br />of materials, systems or equipment is required by the Contract
<br />Documents, the Architect shall he entitled to rely upon such
<br />certification to establish that the materials, systems or equip-
<br />ment will meet the perlbrmancc criteria required by the Con-
<br />tract Documents.
<br />2.6.13 The Architect shall prepare Change Orders :Ind Con-
<br />struction Change Directives, with supporting documentation
<br />:met clata if deemed necessary by the Architect as provided in
<br />Subparagraphs 3.1.1 and 3.3,5, for the Owner's approval and
<br />execution in accordance with the Contract Documents, and
<br />may authorize minor changes in the Work not involving an
<br />adjustment in Ihc Contract Sum or an extension of the Contract
<br />Time which arc not inconsistent with the intent of the Contract
<br />Documents.
<br />2.6.14 'I'IIC Architect shall conduct inspections to determine
<br />the date or dares of Substantial Completion and the date nl' final
<br />c'nntplction, shall receive and Iixcvarcl Io the Owner for the
<br />Owner's review and records written wa retries stet related
<br />documents require(' by tae Contract Documents and assem-
<br />bled by the Contractor, :uel shall issue a tin :l Certificate for Pay-
<br />ment upon c'omplianc'e with the requirements of the Contract
<br />Uncumcn ls.
<br />3 8141 -1907
<br />AIA DOCUMENT 13141 • OWNER-Alta ll'i'RCT AGnrpsIRNT • FOURTEENTH EDITION • AIA°' • ©19H•
<br />THE li AAIV.ItICAN INSTITUTE Ott AItCI l ITECI'S, 17.55 NEW YOIOK AVENUE, NM., WA.SI IINGTON, D.C. 2Ott(X
<br />Page 79
<br />
|