|
<br />e
<br />
<br />2.6.4 The Architect shall be a representative of and shall ad\'ise
<br />and consult with the Owner (I) during construction until final
<br />payment to the Contractor is due, and (2) as an Additional Ser.
<br />vice at the Owner's direction from time to time Juring the cor-
<br />rection period described in the Contract for Construction, The
<br />Architect shall have authonty to act on behalf of the Owner
<br />only to the extent provided in this Agreement unless otherwise
<br />modified by written instrument,
<br />
<br />2.6.5 The Architect shall visit the site at intervals appropriate
<br />to the stage of construction or as otherwise agreed by the
<br />Owner and Architect in writing to become generally familiar
<br />with the progress and quality of the, Work completed and to
<br />determine in general if the Work is being performed in a man-
<br />ner indicating that the Work when completed will be in accor-
<br />dance with the Contract Documents, However, the Architect
<br />shall not be required to make exhaustive or continuous on-site
<br />inspections to check the quality or quantity of the Work, On
<br />the basis of on.site observations as an architect, the Architect
<br />shall keep the Owner informed of the progress and quality of
<br />the Work, and shall endeavor to guard the Owner against
<br />defects and deficiencies in the Work, (More extensil'e site
<br />representatioll may be a~reed to as an Additional Ser!'ice, as
<br />described in Paragraph 3,].)
<br />
<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 be 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 o\'er 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 \,\'ork,
<br />
<br />2.6.7 The Architect shall at all times have access to the Work
<br />wherever it is in preparation or progress,
<br />
<br />2.6.8 Except as may otherwise be provided in the Contract
<br />Documents or when direct communications 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 be through the Architect.
<br />
<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 />
<br />2.6.10 The Architect's certification for payment shall consti-
<br />tute a representation to the Owner, based on the Architect's
<br />observations at the site as pro\'ided in Subparagraph 2,6,) and
<br />on the data comprising the Contractor's Application for Pay-
<br />ment, that the \X'ork has progressed to the point indicated and
<br />that, to the best of the Architect's knowledge, information and
<br />belief, qualit\' of the \X'ark is in accordance with the Contract
<br />Documents, The foregoing representations are subject to an
<br />.evaluation of the Work for conformance with the Contract
<br />Documents upon Substantial Completion, to results of subse-
<br />quent tests and inspections, to minor deviations from the Con-
<br />tract Documents correctable prior to completion and to spe.
<br />cilk 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 anlount certi-
<br />fied, However, the issuance of a Certit1cate for P;lyment shall
<br />not be a representation that the Architect has (I) maJe exhaus-
<br />tive or continuous on.site inspections to check the quality or
<br />
<br />e
<br />
<br />quantity of the \X'ork, (2) reviewed construction means, meth-
<br />ods, techniques, sequences or procedures, (:I) revleweJ copies
<br />of requisitions received from Subcontractors and material sup-
<br />pliers and other data requested by the Ovmer to substantiate
<br />the Contractor's right to payment or (4) ascertained how or for
<br />what purpose the Contractor has used mOr:ley previously paiJ
<br />on Jccount of the Contract Sum,
<br />
<br />2.6.11 The Architect shall have authority to reject Work which
<br />does not conform to the Contract Documents, \X'hene\'er the
<br />Ar:::hitect considers it necessary or advisable for implementa-
<br />tion of the intent of the Contract Documents, the Architect will
<br />have authority to require additional inspection or testinR of the
<br />Work in accordance with the provisions of the Contract Docu-
<br />ments, whether or not such Work is fabricated, installed or
<br />completed, However, 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 responsibility of
<br />the Architect to the ContractOr, Subcontractors, material anJ
<br />equipment suppliers, their agents or employees or other per-
<br />sons performing portions of the Work,
<br />
<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, but only for the limited
<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 reasonahle
<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 i>>xkQ{JOd:lK/IOCx~~H~~~ to
<br />permit adequate review, Review of such submittals is not con.
<br />ducted for the purpose of determining the accuracr and com.
<br />pleteness of other details such as dimensions and quantities or
<br />for substantiating instnlctions for installation or performance of
<br />equipment or systems designed by the Contractor, all of which
<br />remain the responsibilitr of the Contractor to the extent
<br />required by the Contract Documents, The Architect's re\'iew
<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 of a specitlc item shall not indicatc
<br />approval of an assembly of which the item 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 be entitled to rely upon such
<br />certifi('ation to establish that the materials, systems or equip-
<br />ment will meet the performance criteria required by the Con.
<br />tract Documents,
<br />
<br />2.6.13 The Architect shaIJ prepare Change Orders and Con-
<br />struction Change Directives, with supporting documentation
<br />and data if deemed necessary by the Architect as provided in
<br />Subparagraphs 3,1.\ and 3,3,3, 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 the Contract Sum or an extension of the Contract
<br />Time which are RCX\l4lRCOnsistent with the intent of the Contract
<br />Documents,
<br />
<br />2.6.14 The Architect shall conduct inspections to determine
<br />the date or dates of Substantial Completion and the d:lte of final
<br />completion, shall receive and forward [0 the Owner for the
<br />Owner's review anJ records written warranties and related
<br />documents required by the Contract Documents and assem.
<br />bled hy the ContraCtor, and shall issue a final Certificate for PJV-
<br />ment upon compliance with the requirements of the Cllntract
<br />Documents,
<br />
<br />3 8141-1987
<br />
<br />AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlA'" . !91"'H"
<br />THE A~IERICAN I:"STlTL:TE OF ARCHITECT~, 1 i3S NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20(W16
<br />
|