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10/6/1982
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10/6/1982
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Meetings
Meeting Type
Regular Meeting
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Minutes
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10/06/1982
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contractors or any other persons performing any of the <br />Work, or for the failure of any of them to carry out the <br />Work in accordance with the Contract Documents. * <br />1.5.6 The Architect shall at all times have access to the <br />Work wherever it is in preparation or progress. <br />1.5.7 The Architect shall determine the amounts owing <br />to the Contractor based on observations at the site and on <br />evaluations of the Contractor's Applications for Payment, <br />and shall issue Certificates for Payment in such amounts, <br />as provided in the Contract Documents. <br />15.8 The issuance of a Certificate for Payment shall <br />constitute a representation by the Architect to the Owner, <br />based on the Architect's observations at the site as pro- <br />vided in Subparagraph 1.5.4 and,on the data comprising <br />the Contractor's Application for Payment, that the Work <br />has progressed to -the point indicated; that, to the best of <br />the Architect's knowledge, information and belief, the qual- <br />ity of the Work is in accordance with the Contract Docu- <br />ments (subject to an evaluation of the Work for con- <br />formance with the Contract Documents upon Substantial <br />Completion, to the results of any subsequent tests re- <br />quired by or performed under the Contract Documents, <br />to minor deviations from the Contract Documents cor- <br />rectable prior to completion, and to any specific qualifica- <br />tions stated in the Certificate for Payment); and that the <br />Contractor is entitled to payment in the amount certified. <br />However, the issuance of a Certificate for Payment shall <br />not be a representation that the Architect has made any <br />examination to ascertain how and for what purpose the <br />Contractor has used the moneys paid on account of the <br />Contract Sum. <br />15.9 The Architect shall be the interpreter of the re- <br />quirements of the Contract Documents and the judge of <br />the performance' thereunder by both the Owner and <br />Contractor. The Architect shall render interpretations nec- <br />essary for the proper execution or progress of the Work <br />with reasonable promptness on written request of either <br />the Owner or the Contractor, and shall render written de- <br />cisions, within a reasonable time, on all claims, disputes <br />and other matters in question between the Owner and the <br />Contractor relating to the execution or progress of the <br />Work or the interpretation of the Contract Documents. <br />15.10 Interpretations and decisions of the Architect shall <br />be consistent with the intent of and reasonably inferable <br />from the Contract Documents and shall be in written or <br />graphic form. In the capacity of interpreter and judge, <br />the Architect shall endeavor to secure faithful perform- <br />ance by both the Owner and the Contractor, shall not <br />show partiality to either, and shall not be liable for the <br />result of any interpretation or decision rendered in good <br />faith in such capacity. <br />1S.11 The Architect's decisions in matters relating to <br />artistic effect shall be final if consistent with the intent of <br />the Contract Documents. The Architect's decisions on <br />any other claims, disputes or other matteis, including <br />those in question between the Owner and the Contractor, <br />shall be subject to arbitration as provided in this Agree- <br />ment and in the Contract Documents. <br />1.5.12 The Architect shall have authority to reject Work <br />which does not conform to the Contract Documents. <br />Whenever, in the Architect's reasonable opinion, it is <br />necessary or advisable for the implementation of the intent <br />of the Contract Documents, the Architect will have author- <br />ity to require special inspection or testing of the Work in <br />accordance with the provisions of the Contract Docu- <br />ments, whether or not such Work be then fabricated, in- <br />stalled or completed. <br />1.5.13 The Architect shall review and approve or take <br />other appropriate action upon the Contractor's submittals <br />such as Shop Drawings, Product Data and Samples, but <br />only for conformance with the design concept of the <br />Work and with. the information given in the Contract <br />Documents. Such action shall be taken with reasonable <br />promptness so as to cause no delay. The Architect's ap- <br />proval of a specific item shall not indicate approval of an <br />assembly of which the item is a component. <br />15.14 The Architect shall prepare Change Orders for <br />the Owner's approval and execution in accordance with V <br />the Contract Documents, and shall have authority to order N <br />minor changes in the Work not involving an adjustment aJ <br />in the Contract Sum or an extension of the Contract Time <br />which are not inconsistent with the intent of the Contract u <br />Documents. to <br />15.1S The Architect shall conduct inspections to deter- <br />mine the Dates of Substantial Completion and final com- <br />pletion, shall receive and forward to the Owner for the 4 • <br />Owner's review written warranties and related documents 3 • <br />required by the Contract Documents and assembled by y 0) <br />the Contractor, and shall issue a final Certificate for Pay- A A <br />mens. V .-t <br />15.16 The extent of the duties, responsibilities and lim- (D b <br />itations of authority of the Architect as the Owner's rep- 04 <br />resentative during construction shall not be, modified or <br />extended without written -consent of the Owner, the Con- N ro <br />tractor and the Architem rt a <br />1.6 PROIKT R64MENTAMN KYOND BASIC SERVICES 1-4 14 <br />1.6.1 If the Owner and Architect agree that more ex- Id <br />tensive representation at the site than is described in 4.1 <br />Paragraph 1.5 shall be provided, the Architect shall pro- O <br />vide one or more Project Representatives to assist the V R7 <br />Architect in carrying out such responsibilities at the site. ,?4 <br />1.6.2 Such Project Representatives shall be selected, 0 <br />played and directed by the Architect, an4 the Architect <br />shall be compensated therefor as mutually agreed be- <br />tween the Owner and the Architec <br />of <br />It <br />1.63 Through the observations by such Project Repre- <br />sentatives, the Architect shall endeavor to provide further <br />protection for the Owner against defects and deficiencies <br />in the Work, but the furnishing of such project representa- <br />tion shall not modify the rights, responsibilities or obliga- <br />tions of the Architect as described. in Paragraph 1.5. <br />1.7 ADDITIONAL SERVICES <br />The following Services are not included in Basic <br />Services unless so identified in Article 15. They shall <br />be provided if authorized or confirmed in writing by <br />the Owner, and they shall.be paid for by the Owner <br />as provided in this Agreement, in addition to the <br />compensation for Basic Services. <br />AIA DOCUMENT In4T • 0%%%ER•-%RCHITECT AGREEMENT • THIRTEENTH EDITION • ILLY 19" • AIAs • 'J 19:7 <br />4 8141-1977 THE AMERICAN I%STITUTE Of ARCHITECTS. VJS NEW YORK Jk%E%UE. N.1Y., WA5HI%GT0N. D.C- 20006 <br />* Except as provided in Article 15 <br />0 CT 6 1982 - <br />
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