|
§ 3.6.2 Evaluations of the Work
<br />§ 3.62.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
<br />required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
<br />completed, and to determine, in general, if the Work observed is being perforated in a manner indicating that the
<br />Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
<br />be required to make exhaustive or continuous on -site inspections to cheek the quality or quantity of the Work. On
<br />the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
<br />the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations
<br />from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies
<br />observed in the Work.
<br />§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall
<br />notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the
<br />Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the
<br />authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,
<br />whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a
<br />decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or
<br />responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or
<br />employees or other persons or entities performing portions of the Work.
<br />§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
<br />Contract Documents on written request of the Construction Manager, Owner, or Contractor through the
<br />Construction Manager. The Architect's response to such requests shall be made in writing within any time limits
<br />agreed upon or otherwise with reasonable promptness.
<br />§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
<br />from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
<br />and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
<br />show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
<br />Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
<br />Contract Documents.
<br />§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
<br />term is defined in AlA Document A232 -2009, the Architect shall render initial decisions on Claims between the
<br />Owner and Contractor as provided in the Contract Documents.
<br />§ 3.6.3 Certificates for Payment to Contractor
<br />§ 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within
<br />seven days after the Architect receives an application for payment forwarded from the Construction Manager, the
<br />Architect shall review and certify the application as follows:
<br />.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review
<br />the Contractor's Application and Certificate for Payment that the Construction Manager has
<br />previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall
<br />issue a Certificate for Payment in such amount.
<br />.2 Where there are Multiple Prince Contractors responsible for performing different portions of the
<br />Project, the Architect shall review a Project Application and Project Certificate for Payment, with a
<br />Summary of Contractors' Applications for Payment, that the Construction Manager has previously
<br />prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and
<br />shall issue a Project Certificate for Payment in the total of such amounts.
<br />§ 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the
<br />Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's
<br />Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of
<br />the Construction Manager, that, to the best of the Architect's knowledge, information and belief, the Work has
<br />progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
<br />The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contact
<br />Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
<br />AIA Dooum°at 13132. - 2009 (foraarly B1403E3 - 1992). Copyright 3 )992 and 2009 by The American Inetituta on Architects. Ail right°
<br />ratemm:A wARNtwn t!”, WA' S 44 1'..: ooriou. Coo:rid:or:bed reProdoerroo
<br />. . . . : 1 . . . 1 .ar or :btu T:.. 1 ) .............. its :..y 1 . . : . 1 o:" ... 1 . y ronolo oevore , . 1 . . . .l ., ....... peoulti.er. , 1 ;, ore. 1 . la : '... rig 10
<br />soot:— rn.:uot .io order the 11..1. This drntl vim produced by Alit software AL 00 :51:30 on 12/23/2013 under 'Inlet No.2)59100143.1 which
<br />expires In 10/20/2014, nog to not for resale.
<br />Uaor Notes: (1953154153)
<br />14
<br />
|