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Res 1986-054
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Res 1986-054
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8/27/2007 1:09:19 PM
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8/27/2007 1:09:19 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1986-54
Date
5/12/1986
Volume Book
79
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<br />contractors or any other persons performing any of the nec!,!ssary or advisable for the implementation of the intent <br />Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- <br />Work in accordance with the Contract Documents. * ity to require special inspection or testing of the Work in <br />1.5.6 The Architect shaff at all times have access to the accordance with the provisions of the Contract Docu- <br />Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- <br />1.5.7 The Architect shall determine the amounts owing sta!led or completed. <br />to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take <br />evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals <br />and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but <br />as provided in the Contract Documents. only for conformance with the design concept of the <br /> Work and with the information given in the Contract <br />1.5.8 The issuance of a CertWcate for Payment shall Documents. Such action shall be taken with reasonable <br />constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- <br />based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval óf an <br />vjded in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. <br />the Contractor's Application for. Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for <br />has progressed to the point Indicated; that, to the best of <br />the Architect's knowledge, information and belief, the qual. the Owner's approval and execution In accordance with <br />ity of thEt Work is in accordance with the Contract Docu- the Contract Documents, and shall have authority to order <br />ments (subject to an evaluation of the Work for con- minor changes In the Work not involving an adjustment <br />formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time <br /> which are not inconsistent with the intent of the Contract <br />Completion, to the results of any subsequent tests re- Documents. <br />quired by or performed under the Contract Documents, <br />to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- <br />rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- <br />tions stated in the Certificate (or Payment); and that the pletion, shaH receive and forward to the Owner for the <br />Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents <br />However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by <br />not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- <br />examination to ascertain how and for what purpose the ment. <br />Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- <br />Contract Sum. itations of authority of the Architect as the Owner's rep- <br />1.5.9 resentative during construction shall not be modified or <br /> extended without written consent of the Owner, the Con- <br /> tractor and the Archi teet. <br /> The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES <br />essary for the proper execution or progress of the Work <br />with reasonable promptness on written request of either 1.6.1 If the Úwner and Architect agree that more ex. <br />the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in <br />cisions, within a reasonable timel"on all cläims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- <br />and other matters in question between the Owner and the vide one or more Project Representatives to assist the <br />Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. <br />Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- <br />1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect <br />be consistent with the intent of and reasonabty inferable shall be compensated therefor as mutually agreed be- <br />from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- <br />graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe <br />the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of <br />ance by both the Owner and the Contractor, shall not such Project Representatives. <br />show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- <br />result of any interpretation or decision rendered in goad sentatives, the Architect'shall endeavor to provide further <br />{aith in such capacity.* protection for the Owner against defects and deficiencies <br />1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- <br />artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- <br />the Contract Documents. The Architect's decisibns on tions of the Architect as described in Paragraph 1.5. <br />any other claims, disputes or other matters, including 1.7 ADDITIONALSERYICES <br />those in question between the Owner and the Contractor, The following Services are not included il'\ Basic <br />shall be subject to arbitration as provided in this Agree- <br />ment and in the Contract Documents. Services unless so identified in Article 15. They shall <br /> be provided if authorized or confirmed in writing by <br />1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid {or by the Owner <br />which does not con{orm to the Contract Documents. as provided in this Agreement, in addition to the <br />Whenever. In the Architect's reasonable opinion, it is compensation for Basic Services. <br />4 8141-1977 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. jULV 1977 . ^\^~ . (S) 1977 <br /> THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 <br />* See Article 15, Other Conditions Or Services <br />
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