Construction Phase - Administration of the Construction Contract. 1.9.1 The Construction Phase will commence with the issuance by Town to the Construction Manager or other successful bidder for the construction Work of the Project, as the case may be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided to the Architect upon its execution. 1.9.2 The Architect shall advise and consult with the Town during the Construction Phase. 1.9.3 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed by the Town and Architect in writing, to become generally familiar with the progress and quality of Work and to determine if Work is proceeding in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, Architect shall keep the Town informed of the progress and quality of the Work, and shall endeavor to guard the Town against defects and deficiencies in the Work. After each visit, the Architect will promptly provide the Town with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, the Architect will provide prompt notice, followed by written confirmation, to the Town. If, in the Architect’s opinion, special testing or inspection of the Work is needed, the Architect shall provide written recommendations for such testing or inspection procedures to the Town. 1.9.4 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.9.5 The Architect shall promptly issue a written report to the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted by the Contractor for the Project. 1.9.6 As requested by the Town, and based on the Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect shall determine the amounts owing to Contractor and shall issue a Certificate for Payment in such amounts, as provided in the Contract Documents. 1.9.7 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Town that, based on the Architect's observations at the site and on the data comprising the Contractor’s Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, that the quality of Work is in accordance with the Contract Documents (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum. 1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents. 1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.9.10 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents. 1.9.11 The Architect shall have authority to reject Work which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the Work. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Construction Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed; but the Architect shall take action only after consultation with the Town and Contractor. 1.9.12 The Architect, in conjunction with the Town, shall review the shop drawings, samples or catalogue cuts which are required by the Construction Documents after review and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance with the design intent of the Construction Documents and transmit them to the Contractor. The review of shop drawings shall be limited to two (2) submissions per identified issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Documents, and other requirements which affect design intent; all submissions shall specifically include a representation by the Contractor to indicate that the required coordination has been performed. The Town will not be responsible for any additional compensation to the Architect for submission reviews in excess of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, as provided in the agreement between the Town and Contractor, be paid by the Town to the Architect and back-charged by Town to Contractor. 1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Professional Services
Construction Phase - Administration of the Construction Contract. 1.9.1 § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase will commence u commences with the issuance by Town award of the initial Contract for Construction and terminates at the ear
§ 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the Construction Manager or other successful bidder for the construction Work General Conditions, when adopted as part of the ProjectContract Documents, as the case may shall be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided enforceable under this Agreement only to the Architect upon its executionextent that they are consistent with this Agreement or approved in writing by the Architect.
1.9.2 § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld.
§ 2.6.4 The Architect shall be a representative of and shall advise and consult with the Town Owner during the Construction Phaseadministration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment.
1.9.3 § 2.6.5 The Architect Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of constructionthe Contractor's operations, or as otherwise agreed by the Town Owner and the Architect in writingArticle 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is proceeding being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations inspections to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, The Architect shall keep neither have control over or charge of, nor be responsible for, the Town informed of the progress construction means, methods, techniques, sequences or procedures, or for safety precautions and quality of programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents.
§ 2.6.6 The Architect shall endeavor to guard the Town against defects and deficiencies in the Work. After each visit, the Architect will promptly provide the Town with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, the Architect will provide prompt notice, followed by written confirmation, report to the TownOwner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. If, in the Architect’s opinion, special testing or inspection of the Work is neededHowever, the Architect shall provide written recommendations not be responsible for such testing the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or inspection procedures to omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the TownContractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work.
1.9.4 § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 The Architect shall promptly issue a written report to the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted by the Contractor for the Project.
1.9.6 As requested by the Town, and based on the Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect shall determine the amounts owing to Contractor and shall issue a Certificate for Payment in such amounts, § 2.6.8 Except as provided in the Contract Documents.
1.9.7 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Town that, based on the Architect's observations at the site and on the data comprising the Contractor’s Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, that the quality of Work is in accordance with the Contract Documents (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as otherwise provided in this Agreement and or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents.
1.9.11 The Architect shall have authority to reject Work which does not conform to the Construction Documents . Communications by and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the Work. Whenever, in with the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Construction Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed; but the Architect shall take action only after consultation with the Town and Contractor.
1.9.12 The Architect, in conjunction with the Town, shall review the shop drawings, samples or catalogue cuts which are required by the Construction Documents after review and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance with the design intent of the Construction Documents and transmit them to the Contractor. The review of shop drawings consultants shall be limited to two (2) submissions per identified issue under through the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Documents, and other requirements which affect design intent; all submissions shall specifically include a representation by the Contractor to indicate that the required coordination has been performed. The Town will not be responsible for any additional compensation to the Architect for submission reviews in excess of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, as provided in the agreement between the Town and Contractor, be paid by the Town to the Architect and back-charged by Town to ContractorArchitect.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Construction Phase - Administration of the Construction Contract. 1.9.1 The Construction Phase will commence Architect/Engineer shall provide services as described herein, and in accordance with the issuance by Town to the Construction Manager or other successful bidder for conditions of the construction Work contract provided under Part II.D.2, during the construction phase. Services under this phase shall commence upon award of contracts for construction.
1. Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified, or extended without written agreement of the Architect/Engineer and the State Engineer.
2. The Architect/Engineer shall be the representative of the State during the construction phase of the Project, as the case may be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided to the Architect upon its execution.
1.9.2 The Architect shall advise and consult with the Town during State Engineer and the Construction Phase.
1.9.3 State Building Committee. Instructions to the contractor shall be forwarded through the Architect/Engineer. The Architect shall have the authority to act on behalf of the State only to the extent provided herein and in the contract documents, unless otherwise specifically agreed in writing.
3. The Architect/Engineer will visit the construction site at intervals appropriate to the stage of construction, or as otherwise agreed by the Town and Architect in writingbut averaging every two weeks, to become keep generally familiar with the progress and quality of Work the work completed and to determine in general if Work the Project is proceeding being constructed in accordance a manner such that when completed it would be in conformance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality plans and progress of the Workspecifications and other contract documents. On the basis of such on-site observationsobservations or inspections, Architect the Architect/Engineer shall keep the Town State Engineer and the State Engineer's representative informed of the progress and quality of the Work, work on the Project and shall endeavor to guard the Town State against defects and deficiencies in the Workwork of the contractor. After each visitEvery two weeks, the Architect Architect/Engineer will promptly provide the Town with a written reportreport to the State Engineer and the State Engineer's representative as to the progress of the Project, items noted for correction, and remedial actions, if any, required. If The State Engineer or an authorized representative of the Architect State Engineer may attend such site visits or inspections, and other inspections or observance activities conducted by the Architect/Engineer, or may on their own observe or inspect the progress of the Project at other times, but the responsibility for performing any inspections or observance of the construction work in accordance with this paragraph remains with the Architect/Engineer. Any services provided pursuant to Part III.B shall be an additional service over and above the services to be provided under this paragraph.
4. The Architect/Engineer shall endeavor at all times to guard the State against defects and deficiencies in the Project as executed by the Contractors, however, the Architect/Engineer shall not be required to guarantee the performance of the Contractors.
5. Prompt written notice shall be given by the Architect/Engineer to the State Engineer if the Architect/Engineer becomes aware of any defects fault or deficiencies defect in the WorkProject or non-conformance with the contract documents.
6. The Architect/Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Project, since these are solely the Contractor's responsibilities under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the Project in accordance with the Contract Documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Project, except to the extent that the Architect/Engineer may formally notify the Contractor of the unacceptability of various portions of the Project or failure to carry out the work on the Project in accordance with the contract documents. The Architect/Engineer will inform the Contractor on behalf of, and in consultation with, the Architect will provide prompt notice, followed State Engineer to cease work on the Project or portions thereof affected by written confirmation, those items that are unacceptable and remain uncorrected until such time as corrections are made. Nothing in this paragraph is intended to the Town. If, in relieve the Architect’s opinion/Engineer of its responsibility as set forth in this agreement to observe that the Project is completed in accordance with the plans, special testing or inspection of the Work is neededspecifications, the Architect shall provide written recommendations for such testing or inspection procedures to the Townand contract documents.
1.9.4 7. The Architect Architect/Engineer shall at all times have access to the Work Project wherever it is in preparation or progress.
1.9.5 The Architect shall promptly issue a written report to 8. Except as may otherwise be provided in the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted Contract Documents or when direct communications have been approved by the Architect/Engineer, the State and their representatives and the Contractor for shall communicate through the ProjectArchitect/Engineer. Communications by and with the Architect/Engineer's consultants shall be through the Architect/Engineer.
1.9.6 As requested by the Town, and based on the 9. The Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect shall /Engineer will determine the amounts owing to the Contractor based on inspections and observations at the site, and on evaluations of the Contractor's Monthly Applications for Payment, and shall issue a Certificates of Payment for amounts due on forms provided by the State Engineer. A Certificate for of Payment in such amounts, as provided in the Contract Documents.
1.9.7 The issuance of a Certificate for Payment shall constitute constitutes a representation by the Architect Architect/Engineer to the Town thatState, based on upon the Architect's observations at inspections and the site and on information provided by the data comprising Contractor in the Contractor’s Application for PaymentApplication, that the Work Project has progressed to the point indicated; that, that to the best of the Architect/Engineer's knowledge, information information, and belief, that the quality of Work the work on the Project is in accordance with the Contract Documents (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town10. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect /Engineer shall have authority to reject Work work on the Project, which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in Whenever the Architect's reasonable opinion, /Engineer considers it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect Architect/Engineer will have authority to require special additional inspection or testing of the Work work in accordance with the provisions of the Contract Documents, whether or not such Work be then work is fabricated, installed installed, or completed; but . However, neither this authority of the Architect Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer to any Construction Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work on the Project.
11. The Architect/Engineer shall review and approve or take other appropriate action only after consultation on Shop Drawings, Product Data and Samples submitted by Construction Contractors to determine if they conform with the Town design concept for the Project and with the information provided in the Contract Documents, and submit these documents or information to the State Engineer indicating the Architect/Engineer's approval or comments with reasonable promptness so as to cause no delay to the prosecution of the Project. Approval or acceptance of a specific item shall not necessarily indicate the Architect/Engineer's approval of an assembly of which the item is a component. When professional certification of equipment is required by the Contract Documents, the Architect/Engineer will be entitled to rely upon that certification to determine that the materials, systems, or equipment will meet the performance criteria required in the Contract Documents.
12. Architect/Engineer will consult with and advise the State Building Committee and the State Engineer during construction on any items which concern interpretation of design. The Architect/Engineer will make recommendations to the State Building Committee on any adjustments that may be proposed by the Contractor or the State agencies involved in the Project. The Architect/Engineer shall make such necessary drawings or prepare descriptive information for change order proposals as required and shall review the proposals for accuracy and recommend approval to the State Engineer; after proposals are accepted by the State Engineer, the Architect/Engineer shall prepare the necessary change order documents on forms provided by the State Engineer.
13. Architect/Engineer will conduct, at the time and place approved by the State Engineer, with representatives of the State agencies involved in the Project and the Contractor, inspections to establish dates of Project acceptance and completion. The Architect/Engineer shall have other Architects, Structural, Mechanical, or Electrical Engineers, or other consultants in their employ in attendance at this and at various progress inspections as may be necessary to evaluate whether the work completed on the Project is in conformance with the Contract Documents. Architect/Engineer will receive and forward to the State Engineer, with comments on completeness or acceptability, those warranties, operation manuals, and other documents required by the Contract Documents and assembled by the Contractor.
14. Architect/Engineer will review the final estimate for final payment to the Contractor and provide a Certificate of Final Payment to the State Engineer.
15. Architect/Engineer will provide to the State Engineer, State Building Committee, or the Contractor, upon written request, interpretations and decisions in writing, or in the form of drawings, on matters concerning performance under the Contract Documents, and execution or performance of the work on the Project. Response to such requests shall be made with reasonable promptness and within any time limits agreed upon. The final decision on all such questions shall be made by the State Engineer on behalf of the State Building Committee.
16. Architect/Engineer will maintain a log of all Request for Proposals and Change Orders. No later than the 5th day of each month, the A/E will process a written change order to include all outstanding RFPs.
17. Architect/Engineer shall attend monthly construction progress meetings and take minutes of said meetings. Architect/Engineer shall publish minutes of said meetings to the Owner, State Engineer, and Contractor.
1.9.12 The 18. When the Project is completed, the Architect, in conjunction with /Engineer will furnish two sets of reproducible reproductions of the Town, shall review the shop drawings, samples on mylar or catalogue cuts which are required by other medium acceptable to the Construction Documents after review State Engineer, and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance with the design intent one set of the Construction Documents drawings and transmit them project technical specifications for computer access on CD-ROM or approved alternate for use with Autocad, with all construction changes duly noted, to the Contractor. The review of shop drawings shall be limited to two (2) submissions per identified issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Documents, and other requirements which affect design intent; all submissions shall specifically include a representation by the Contractor to indicate that the required coordination has been performed. The Town will not be responsible for any additional compensation to the Architect for submission reviews in excess of two submissions State Engineer for the same issue. Architect will seek compensation from the Contractor for its additional services for review State's permanent files, together with a summary of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, as provided in the agreement between the Town all final program requirements and Contractor, be paid by the Town to the Architect design criteria and back-charged by Town to Contractordata.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Architectural/Engineering Contract
Construction Phase - Administration of the Construction Contract. 1.9.1 3.7.1 The Architect/Engineer’s responsibility to provide Basic Services for each Construction Phase will commence under this Agreement commences with the issuance by Town to Owner’s written acceptance of the Construction Manager or other successful bidder Manager’s Guaranteed Maximum Price. The Architect/Engineer may request an Additional Service Authorization for prolonged contract administration if the construction time specified for substantial completion is exceeded by more than sixty (60) days due to no fault of the Architect/Engineer. No compensation shall be granted for the first sixty (60) days of prolonged construction Work administration.
3.7.2 The Architect/Engineer shall provide administration of the ProjectContract for Construction which shall include but not be limited to: (i) Owner’s current General Terms and Conditions; and (ii) the Construction Documents which shall include, as but not be limited to, Division I of the case may Specifications.The Contract Documents are available on FIU’s Facilities Management website and are hereby incorporated in this Agreement by reference. To The incorporated documents are intended to be (complimentary and interpreted in harmony. the “Contractor”), extent there is a written Notice to Proceed with construction in accordance with the contract entered into conflict between the Town any of these documents and the Contractor (Agreement terms, the “Construction Contract”)documents shall govern in the following order of precedence: First, a copy of which will be provided to the Architect upon its executionAgreement terms; second, the Technical Project Design Specifications incorporated in the above documents; and third, the Design Drawings incorporated in the above documents.
1.9.2 3.7.3 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer.
3.7.4 The Architect Architect/Engineer shall be a representative of and shall advise and consult with the Town Owner (1) during construction until final payment to the Construction Manager is made, and (2) as an Additional Service at the Owner’s direction during the Construction Phaseperiod of prolonged contract administration as provided in this Agreement. The Architect/Engineer shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument.
1.9.3 3.7.5 The Architect Architect/Engineer shall attend regularly scheduled construction meetings at the site and shall provide such representation as may be required to fulfill the intent and interpretation of the plans and specifications for the Project, In any event, the Architect/Engineer shall visit the site a minimum of once per week with no less than eight hours per week, or at more frequent intervals appropriate to the stage of constructionconstruction and to satisfy the required inspections in accordance with the applicable technical codes, or as otherwise agreed by the Town Owner and Architect Architect/Engineer in writing, . The Architect/Engineer shall visit the site to become generally familiar with the progress and quality of the Work completed and to determine if the Work is proceeding being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, Architect Architect/Engineer shall keep the Town Owner informed of the progress and quality of the Work, and shall endeavor to guard the Town Owner against defects and deficiencies in the Work. After each visit(More extensive site representation may be agreed to as an Additional Service(s), on the Architect will promptly provide the Town terms described in this Agreement.)
3.7.6 The Architect/Engineer shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, since these are solely the Architect will provide prompt noticeConstruction Manager’s responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Construction Manager’s schedules or failure to carry out the Work in accordance with the Contract Documents, followed however, the Architect/Engineer must timely notify the Owner in writing of any actions by written confirmation, to the Town. If, Construction Manager which may result in the failure to carry out the Work in accordance with the Contract Documents and/or Contract Time. The Architect’s opinion, special testing /Engineer shall not have control over or inspection charge of acts or omissions of the Work is neededConstruction Manager, subcontractors, or their agents or employees, or of any other persons performing portions of the Architect shall provide written recommendations for such testing or inspection procedures to the TownWork.
1.9.4 3.7.7 The Architect Architect/Engineer shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 The Architect 3.7.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and the Construction Manager shall promptly issue a written report to communicate through the Town relative to deviations from Architect/Engineer. Communications by and with the most recent construction schedule including but not limited to all updated schedules submitted by Architect/Engineer's consultants shall be through the Contractor for the ProjectArchitect/Engineer.
1.9.6 As requested by the Town, and based 3.7.9 Based on the Architect/Engineer's observations at and evaluations of the site and an evaluation of ContractorConstruction Manager’s Application Applications for Payment, the Architect Architect/Engineer shall determine review and certify the amounts owing to Contractor and shall issue a Certificate for Payment in such amounts, as provided in due the Contract DocumentsConstruction Manager.
1.9.7 3.7.10 The issuance of a Certificate Architect/Engineer's certification for Payment payment shall constitute a representation by the Architect to the Town thatOwner, based on the Architect/Engineer's observations at the Project site in accordance with the Agreement terms and on the data comprising the ContractorConstruction Manager’s Application for Payment, that the Work has progressed to the point indicated; indicated and that, to the best of the Architect/Engineer's knowledge, information and belief, that the quality of the Work is in accordance with the Contract Documents (Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documentsand inspections, to minor deviations from the Contract Documents correctable prior to completion, completion and to any specific qualifications stated in expressed by the Architect/Engineer. The issuance of a Certificate for Payment); and Payment shall further constitute a representation that the Contractor Construction Manager is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 3.7.11 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect /Engineer shall have authority to reject Work recommend to the Owner the rejection of Work, which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in Whenever the Architect's reasonable opinion, /Engineer considers it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect Architect/Engineer will have authority to require special additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then is fabricated, installed or completed; but . However, neither this authority of the Architect Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer to the Construction Manager, subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work.
3.7.12 The Architect/Engineer shall review, certify, approve, reject or take other appropriate action only after consultation upon Construction Manager’s inquiries and submittals such as Shop Drawings, Product Data, Tests, and Samples. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review.
3.7.13 The Architect/Engineer shall prepare Change Orders, with supporting documentation and data, if deemed necessary by the Architect/Engineer as provided in this Agreement for the Owner's approval and execution in accordance with the Town Contract Documents, and Contractorthe Architect/Engineer may authorize minor changes in the Work upon written approval by the Owner, involving neither an adjustment in the Contract Sum nor an extension of the Contract Time, which are not inconsistent with the intent of the Contract Documents.
1.9.12 3.7.14 The Architect/Engineer shall conduct inspections to determine the date or dates of Substantial Completion as defined in the Construction Contract and the date of Final Completion, as defined in conjunction with the TownConstruction Contract, shall receive and forward to the Owner for the Owner's review the shop drawings, samples or catalogue cuts which are and records written warranties and related documents required by the Construction Contract Documents after review and approval assembled by the Contractor (hereinafter "shop drawings")Construction Manager, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents.
3.7.15 The Architect/Engineer shall interpret and decide matters concerning performance of the Owner and Construction Manager under the requirements of the Contract Documents on written request of either the Owner or Construction Manager. The Architect Architect/Engineer's response to such request shall be made within fifteen (15) calendar days of the receipt of such a request.
3.7.16 Interpretations and Town decisions of the Architect/Engineer shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance be consistent with the design intent of and reasonably inferable from, the Construction Contract Documents and transmit them to the Contractor. The review of shop drawings shall be limited in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect/Engineer shall endeavor to two (2) submissions per identified issue under secure faithful performance by both Owner and Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith.
3.7.17 The Architect/Engineer's decisions on matters relating to aesthetic effect shall be final if consistent with the scope of Basic Services and will be conducted only after intent expressed in the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Contract Documents, and other requirements which affect design intent; all submissions shall specifically include a representation if concurred with by the Contractor to indicate that Owner in writing.
3.7.18 The Architect/Engineer shall render a written decision within ten (10) calendar days of date of all claims, disputes or other matters in question between the required coordination has been performed. The Town will not be responsible for any additional compensation Owner and Construction Manager relating to the Architect for submission reviews in excess execution or progress of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, Work as provided in the agreement Contract Documents. The Architect/Engineer shall render a final decision as set forth in the General Terms and Conditions of the Contract for Construction.
3.7.19 The Architect/Engineer's decisions on claims, disputes or other matters between the Town Owner and ContractorConstruction Manager, except for those relating to aesthetic effect as provided in this Agreement, shall be paid by subject to resolution as provided in the Town to the Architect and back-charged by Town to ContractorContract Documents.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Construction Phase - Administration of the Construction Contract. 1.9.1 2.6.1 The Construction Phase will shall commence with the issuance by Town award of the Contract for Construction and, together with the A/E's obligation to provide Basic Services under this Agreement, will terminate at the Construction Manager or other successful bidder for the construction Work expiration of the Project's one-year warranty period. The A/E shall participate in the Project’s one-year warranty review.
2.6.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the A/E shall provide administration of the Contract for Construction as set forth below and in the case may be (edition of the “Contractor”), a written Notice Owner's Design Guidelines current as of the date of this Agreement.
2.6.3 A/E shall review and make recommendations to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided Owner’s Representative as to the Architect upon following:
a) Contractor's list of proposed subcontractors for the work
b) Contractor's Schedule of Values
c) Contractor’s Construction Schedule
2.6.4 The A/E and its executionconsultants shall prepare appropriate materials for and conduct a Pre-Construction Conference prior to commencement of construction by the Contractor.
1.9.2 2.6.5 The Architect A/E shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Town during Owner. The A/E shall have authority to act on behalf of the Construction PhaseOwner to the extent provided in the Contract Documents or in this Agreement unless otherwise modified by written instrument.
1.9.3 2.6.6 The Architect A/E shall visit the site at intervals appropriate to the stage of constructionleast once each week, or more frequently as otherwise agreed appropriate for the Project and requested by Owner, during the Town entire Construction Phase, and Architect in writingeach consultant shall visit the site at appropriate times or as requested during construction activities related to each consultant’s discipline, to become generally familiar with observe the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect A/E and the structural engineer shall be on site for all structural concrete pours. The A/E and all applicable subconsultant(s) shall also be on site immediately prior to the cover up of major elements of the work. A/E and each sub- consultant shall submit written reports of such visits and meetings. However, the A/E shall not be required to make exhaustive or continuous on-site observations onsite visits to check inspect the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site onsite observations, Architect the A/E shall keep the Town Owner informed of the progress and quality of the Work, and shall endeavor to guard the Town Owner against defects and deficiencies in the WorkWork of the Contractor. After each visit, A/E shall notify Owner and the Architect will promptly provide the Town with a written report. If the Architect becomes aware general contractor in writing of any defects portions of the work which A/E has observed as not being in conformity with the Construction Documents and make recommendations as to correction of such deficiencies or deficiencies defects. As part of such on- site observation, A/E shall make its site representative available and shall consult with Owner and the general contractor on the occasion of all circumstances arising during the course of construction which would make such consultation in Owner's interests.
2.6.7 The A/E shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the Architect will provide prompt notice, followed by written confirmation, to the Town. If, in the Architect’s opinion, special testing acts or inspection omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work is needed, in accordance with the Architect shall provide written recommendations for such testing or inspection procedures to the TownContract Documents.
1.9.4 2.6.8 The Architect A/E shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 2.6.9 The Architect shall promptly issue a written report to the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted by the Contractor for the Project.
1.9.6 As requested by the Town, and based on the Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect A/E shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Estimate for Partial Payment, and shall issue a Certificate approve Contractor's Estimates for Partial Payment in such amounts, as provided in the Contract Documents.
1.9.7 2.6.10 The issuance approval of a Certificate Contractor's Estimate for Partial Payment shall constitute a representation by the Architect A/E to the Town thatOwner, based on the ArchitectA/E's observations at the site as provided in Sub-paragraph 2.6.6 and on the data comprising the Contractor’s Application 's Estimate for Partial Payment, that the Work has progressed to the point indicated; that, to the best of the ArchitectA/E's knowledge, information and belief, that the quality of Work the work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate Contractor's Estimate for Partial Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance approval of a Certificate Contractor's Estimate for Partial Payment shall not be a representation that the Architect A/E has made any examination to ascertain how and for what purpose the Contractor has used the money moneys paid by the Town with respect to on account of the Contract Sum.
1.9.8 2.6.11 The Architect A/E shall be the interpreter of the technical requirements of the Construction Contract Documents and the judge of the performance of such requirements thereunder by the Contractor. The Architect A/E shall render interpretations necessary for the proper execution or progress of Work, the Work with reasonable promptness on written request of either the Owner or the Contractor, and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, recommendations within a reasonable time so as not to delay the Worktime, on all claims, disputes and other matters in question between the Town Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Construction Contract Documents.
1.9.9 All interpretations 2.6.12 Interpretations and decisions recommendations of the Architect A/E shall be consistent with the intent of, of and reasonably inferable from, from the Construction Documents, Contract Documents and shall be in written or graphic form. In .
2.6.13 Subject to approval of the capacity of interpreter and judgeOwner, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 The ArchitectA/E's decisions in disputed matters with the Contractor relating to artistic effect shall be final final, if consistent with the intent of the Construction Contract Documents, provided, however, such decision and if agreed to by the Architect Owner.
2.6.14 The A/E shall be subject to approval of have the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town responsibility and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect shall have authority to reject Work which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in the ArchitectA/E's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect A/E will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed; but the Architect shall take action only after consultation with the Town and Contractor.
1.9.12 2.6.15 The Architect, in conjunction with the Town, A/E and Consultants thereto shall review the shop drawings, samples or catalogue cuts which are required by the Construction Documents after review and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written commentstake other appropriate action upon the Contractor's submittals such as Shop Drawings, as appropriateProduct Data and Samples, shop drawings but only for conformance with the design concept of the Work set forth in the Contract Documents, and shall respond to Contractor’s inquiries and questions and provide such supplemental information as appropriate. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor's scheduled progress, but within fourteen (14) business days. The A/E's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
2.6.16 A/E shall provide consultation for the purpose of clarification and interpretation of the intent and scope of the Construction Documents and transmit them to the Contractor. The review of shop drawings shall be limited to two (2) submissions per identified and, if necessary or appropriate, issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said supplemental documents to indicate field conditions, proposed deviations from amplify or clarify portions of the Construction Documents. The A/E shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and other requirements shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which affect design intent; all submissions are not inconsistent with the intent of the Contract Documents. In conjunction with each Change, the A/E shall specifically include a representation prepare an independent cost and time estimate for comparison with the Contractor's proposal and recommend to the Owner whether the proposal is acceptable. The A/E shall prepare revised Contract Drawings, where appropriate, to illustrate and document the work required by the Contractor Change. All proposed changes to indicate that drawings, plans and specifications, regardless of how initiated, shall be totally defined in the required coordination has been performeddocument depicting them as to scope of work added, removed, or changed. The Town will not original copies of the Construction Documents may be responsible for any additional compensation revised to show such changes, provided that all such revisions shall be separately recorded on media acceptable to Owner, including, without limitation, CADD. Such revisions shall be clearly indicated and a current revision date shall be included on the reproducible copy. Changes to the Architect for submission reviews in excess specifications shall be made by consecutively numbered and dated addenda. All changes to design documents or specifications will be identified with date of two submissions for change, revision number and other customary identification references. Areas changed on drawings will be "clouded" to show each change. Clouds designating previous changes will be removed so that only the same issue. Architect most recent changes will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issuebe clouded. If the Contractor unreasonably refuses revised drawings are due to pay Changes ordered by the Architect a reasonable fee for such Owner and not due to errors and omissions on the part of the A/E, the extra expenses will be treated as Additional Services.
2.6.17 A/E shall provide assistance in the review of the general contractor’s requests for change orders or claims for additional time or costs, and make recommendations to Owner as to such reasonable fee mayrequests or claims.
2.6.18 A/E shall conduct Substantial Completion evaluations to determine the Dates of Substantial Completion, and at the time of Substantial Completion of construction, prepare a list of items which A/E has observed as requiring remedial work or replacement, and thereafter review the corrected and/or replaced work.
2.6.19 A/E shall review, for conformance with the Contract Documents, general contractor's submission of guarantees and warranties, and shall take any and all actions required of the A/E to ensure satisfaction of the Project closeout requirements as set forth in the Uniform General and Supplementary Conditions for HCC.
2.6.20 A/E shall review, for completion of submittal requirements, general contractor's submission of record drawings and operating and maintenance instructions, and all manuals, brochures, and drawings furnished by the general contractor relating to the operation and maintenance of the Project.
2.6.21 A/E shall review and approve, or take other appropriate action on, the general contractor's list of items to be completed or corrected, and shall certify final when all requirements of the Contract Documents are complete.
2.6.22 A/E shall provide assistance to Owner for the purpose of advising and counseling Owner's personnel in the usage, operation and maintenance of the building mechanical, electrical, and plumbing systems.
2.6.23 A/E shall prepare and submit formal, as provided in place drawings to Owner on media acceptable to Owner based off the agreement between Contractor’s redline drawings.
2.6.24 The A/E shall be available after final payment to advise the Town Owner regarding Warranty items and Contractorto inspect Warranty work during the Warranty period to ensure proper correction.
2.6.25 When the Project is completed, be paid by the Town A/E shall furnish one (1) set of reproducible reproductions of record drawings, on medium acceptable to Owner, and one set of record drawings and Project technical specifications for computer access on CD- ROM or approved alternate for use with AutoCAD, with all construction changes duly noted, to the Architect Owner’s Representative for the Owner’s permanent files, together with a summary of all final program requirements and back-charged by Town to Contractordesign criteria and data.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Architect/Engineer Agreement
Construction Phase - Administration of the Construction Contract. 1.9.1 1.3.6.1 The Construction Phase will commence with the issuance by Town award of the Contract for Construction and, together with the Architect’s obligation to provide Basic Services under this Agreement, will terminate thirty (30) days after final payment to the Construction Manager or other successful bidder for is due.
1.3.6.2 Unless otherwise provided in this Agreement and incorporated in the construction Work Contract Documents, the Architect shall provide administration of the contract for Construction as set forth below and in the edition of the Rochester Institute of Technology, General Conditions of the Contract for Construction, executed for this Project, as the case may be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided to the Architect upon its execution.
1.9.2 1.3.6.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Town during Owner. Instructions to the Construction PhaseManager shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in accordance with Subparagraph 1.3.7.
1.9.3 1.3.6.4 The Architect and its sub-Architects shall visit the site at intervals appropriate to the stage of construction, but not less than weekly or as otherwise agreed by the Town and Architect in writing, to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. However, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations inspections to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observationsobservations as an Architect, the Architect shall keep the Town informed Owner informed, in writing, of the progress and quality of the Work, and shall endeavor to guard the Town Owner against defects and deficiencies in the WorkWork of the Construction Manager. After Exhibit F provides the form and format for recording/reporting all site visits and it (or Architect’s similarly formatted document) should be delivered to the RIT Project Manager within 48 hours of each site visit.
1.3.6.5 The Architect shall not have control or charge of and shall not be responsible for construction means, the Architect will promptly provide the Town methods, techniques, sequences or procedures, or for safety precautions and programs in connection with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, for the Architect will provide prompt notice, followed by written confirmation, to the Town. If, in the Architect’s opinion, special testing acts or inspection omissions of the Construction Manager, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work is needed, in accordance with the Architect shall provide written recommendations for such testing or inspection procedures to the TownContract Documents.
1.9.4 1.3.6.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 1.3.6.7 The Architect shall promptly issue a written report to the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted by the Contractor for the Project.
1.9.6 As requested by the Town, and based on the Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect shall determine the amounts owing to Contractor the Construction Manager based on observations at the site and on evaluations of the Construction Manager’s Applications for Payment, and shall issue a Certificate Certificates for Payment in such amounts, as provided in the Contract Documents.
1.9.7 1.3.6.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Town thatOwner, based on the Architect's ’s observations at the site as provided in Subparagraph 1.5.4 and on the data comprising the ContractorConstruction Manager’s Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's ’s knowledge, information and belief, that the quality of Work the work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor Construction Manager is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor Construction Manager has used the money moneys paid by the Town with respect to on account of the Contract Sum.
1.9.8 1.3.6.9 The Architect shall be the interpreter of the requirements of the Construction Contract Documents and the judge of the performance of such requirements thereunder by Contractorboth the Owner and Construction Manager. The Architect shall render interpretations necessary for the proper execution or progress of Work, the Work with reasonable promptness on written request of either the Owner or the Construction Manager, and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Worktime, on all claims, disputes and other matters in question between the Town Owner and the Contractor Construction Manager relating to the execution or progress of the Work or the interpretation of the Construction Contract Documents.
1.9.9 All interpretations 1.3.6.10 Interpretations and decisions of the Architect shall be consistent with the intent of, of and reasonably inferable from, from the Construction Documents, Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town Owner and Contractorthe Construction Manager, shall not show partialitypartiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 1.3.6.11 The Architect's ’s decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Contract Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's ’s decisions on any other claims, disputes or other matters, including those in question between the Town owner and the Contractor Construction Manager, shall be subject to Dispute Resolution or Arbitration or Litigation resolution as provided in this Agreement and in the Contract Documents.
1.9.11 1.3.6.12 The Architect shall have authority to reject Work which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in the Architect's ’s reasonable opinion, it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work work will be then fabricated, installed or completed; but the .
1.3.6.13 The Architect shall review and approve or take other appropriate action only after consultation with the Town and Contractor.
1.9.12 The Architect, in conjunction with the Town, shall review the shop drawings, samples or catalogue cuts which are required by upon the Construction Documents after review Manager’s submittals such as Shop Drawings, Product Data and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written commentsSamples, as appropriate, shop drawings but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
1.3.6.14 The Architect shall review Change Orders for the Owner’s approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Construction Contract Documents.
1.3.6.15 The Architect shall conduct inspections to determine the Dates of Substantial Completion, and Final Completion, and a one year warranty inspection; shall receive, review for completeness, and forward to the Owner for the Owner’s review Record Drawings, O & M Manuals, written warranties and related documents required by the Contract Documents and transmit them to the Contractor. The review of shop drawings shall be limited to two (2) submissions per identified issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from assembled by the Construction DocumentsManager, and other requirements which affect design intent; all submissions shall specifically include issue a representation by final Certificate for Payment.
1.3.6.16 The extent of the Contractor to indicate that duties, responsibilities and limitations of authority of the required coordination has been performed. The Town will Architect as the Owner’s representative during construction shall not be responsible for any additional compensation to modified or extended without written consent of the Architect for submission reviews in excess of two submissions for Owner, the same issue. Architect will seek compensation from Construction Manager and the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, as provided in the agreement between the Town and Contractor, be paid by the Town to the Architect and back-charged by Town to ContractorArchitect.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Architect Agreement
Construction Phase - Administration of the Construction Contract. 1.9.1 2.5.1 The Construction Phase will commence with the issuance award of the first contract for construction for the Project and will terminate upon final completion of the Project and acceptance of the Project in full by Town to the Owner.
2.5.2 Architect shall provide administration of the contract for construction as set forth below and set forth in the applicable provisions of the General Conditions of the Construction Manager or other successful bidder for the construction Work of the Project, as the case may be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into Contract between the Town Owner and the Contractor (the “Construction Contract”), a copy of the standard form of which will be provided is attached hereto as Exhibit ------- B). All portions of the General Conditions setting forth any rights, duties, obligations or liabilities of the Architect with respect to the Project and its construction are incorporated by reference into this Agreement. Without limitation of the foregoing, the Architect upon shall perform all services and functions which it is authorized to perform in those documents. In furtherance of these obligations, the Architect shall have a competent representative present at the site as required in Paragraph 2.5.4 hereunder. Such representative ARCHITECT AGREEMENT - Page 8 ------------------- shall be a person who is consented to by the Owner, and such representative shall not be replaced without Owner's consent. Such consent(s) may be granted or withheld by the Owner in its executionsole and absolute discretion. Terms having the initial letter thereof capitalized but not defined herein shall have the meaning set forth in such General Conditions.
1.9.2 The 2.5.3 Architect shall assist Owner during the Construction Phase, and shall regularly advise and consult with the Town during Owner. Architect shall have authority to act on behalf of the Construction PhaseOwner only to the extent provided in the Contract Documents.
1.9.3 The 2.5.4 Architect shall visit the site at intervals appropriate to the stage of construction, or observe and review construction as otherwise agreed by the Town and it progresses. Architect in writing, to become generally shall be familiar with the progress and quality of Work the Project and to shall determine if Work the Project is proceeding being constructed in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, Architect shall keep the Town Owner informed of the progress and quality of the WorkProject and any potential problems of which it becomes aware or of which it should be aware in the exercise of its professional efforts. In this regard, Architect shall regularly visit the site an average of once per week. Architect shall attend job site meetings, in conjunction with its visits to the site where possible, and shall endeavor to guard the Town against defects and deficiencies in the Work. After each visit, the Architect will promptly provide the Town with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, the Architect will provide prompt notice, followed by written confirmation, submit to the TownOwner weekly written progress reports. If, in the Architect’s opinion, special testing or inspection of the Work is needed, the Architect shall provide written recommendations not be responsible for such testing or inspection construction means and methods, sequences, techniques, procedures to the Townands safety precautions.
1.9.4 The 2.5.5 Architect shall at all times have access to the Work Project wherever it is in preparation or progress. Architect shall monitor and regularly report in writing to Owner the number of hours Architect spends during the Construction Phase.
1.9.5 The 2.5.6 Architect shall promptly issue a written report have responsibility to the Town relative to deviations from the most recent construction schedule including but not limited to review, evaluate and approve all updated schedules applications for payment submitted by the Contractor for the Project.
1.9.6 As requested by the Town, and from time to time based on the Architectprogress and quality of the Project and Contractor's observations at the site Applications for Payment and an evaluation supporting materials, and shall, within ten (10) days following receipt of Contractor’s Application any such application for Paymentpayment, the Architect shall determine the amounts owing if appropriate, approve, execute and deliver to Contractor and shall issue a Certificate Owner Certificates for Payment in such amounts, as provided in the Contract Documents.
1.9.7 2.5.7 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Town that, based on the Architect's observations at the site and on the data comprising the Contractor’s Application for Payment, Owner that (i) the Work has progressed to the point indicated; that, (ii) to the best of the Architect's knowledge, information and belief, that belief the quality of the Work is in accordance with the Contract Documents Documents, (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, iii) to the results best of any subsequent tests required by or performed under Architect's knowledge, information and belief the Contract Documentsconstructed Work is in compliance with all applicable laws, to minor deviations from the Contract Documents correctable prior to completioncodes, ordinances, rules and to any specific qualifications stated in the Certificate for Payment)regulations; and that the (iv) Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The 2.5.8 Architect shall be the interpreter of the requirements of the Construction Documents Drawings and the judge of the performance of such requirements by ContractorSpecifications. The Architect shall render interpretations necessary have primary responsibility to issue drawings, instructions and data as may be required to properly interpret the Drawings and Specifications for the proper execution or progress of Work, the Project with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render on written decisions, within a reasonable time so as not to delay request of either the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work Owner or the interpretation of the Construction DocumentsContractor.
1.9.9 All interpretations 2.5.9 Interpretations and decisions of the Architect shall be consistent with the intent of, of and be reasonably inferable from, from the Construction Documents, Contract Documents and shall be in written or ARCHITECT AGREEMENT - Page 9 ------------------- graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town timely provide Owner and Contractor, shall not show partiality, and shall not be liable for the result Contractor with a copy of any each such written interpretation or decision rendered in good faith in such capacitydecision.
1.9.10 The Architect's 2.5.10 Architect and Owner shall mutually arrive at decisions in disputed on matters with the Contractor relating to artistic effect shall be final if effect, consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The 2.5.11 Architect shall exercise reasonable professional efforts to guard Owner against any defects or deficiencies in the Work of Contractor or any other persons performing Work at the Project and shall have the responsibility and authority to reject Work which that does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the Work. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation requirements of the intent of the Construction Contract Documents, the or which is not in compliance with applicable laws, codes, ordinances, rules and regulations. The Architect will have the responsibility and authority to require reasonably request special inspection or testing of the Work Work, in accordance with the provisions of the Contract Documents, whether or not such Work be then is fabricated, installed or completed; but . If Architect becomes aware that construction of the Project when completed will not be in accordance with the Contract Documents, the Architect shall take action only after consultation with notify the Town and ContractorOwner.
1.9.12 The Architect, in conjunction with the Town, 2.5.12 Architect shall review the shop drawings, samples or catalogue cuts which are required by the Construction Documents after review and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written commentstake other appropriate action upon the Contractor's Submittals such as Shop Drawings, as appropriate, shop drawings Product Data and Samples for conformance with the design intent of the Construction Contract Documents and transmit them to the Contractorcompliance with applicable laws, codes, ordinances, rules and regulations. The review of shop drawings Such action shall be limited taken with reasonable promptness so as to two (2) submissions per identified issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Documents, and other requirements which affect design intent; all submissions shall specifically include a representation by the Contractor to indicate that the required coordination has been performed. The Town will not be responsible for any additional compensation to the Architect for submission reviews in excess of two submissions for the same issue. cause no unreasonable delay.
2.5.13 Architect will seek compensation from the Contractor prepare Change Orders for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, Owner's execution as provided in the agreement between Contract Documents upon the Town request of Contractor with the consent of Owner.
2.5.14 Architect shall conduct inspections to determine the dates of Substantial and ContractorFinal Completion and, upon Owner's request, if appropriate, shall approve, execute and deliver a final Certificate for Payment, in accordance with the provisions of the Contract Documents.
2.5.15 Architect shall assist Owner, as reasonably required, in resolving any problems encountered with respect to actual field conditions, including making appropriate modifications to the details show on the Drawings and Specifications, as necessary.
2.5.16 Architect shall prepare, execute, and deliver such reasonable opinions as to the status and progress of construction as may be paid required by Owner, any governmental authorities or, if applicable, Project lender(s) in such form as shall be reasonably required by Owner or such party. In the event only a temporary certificate of occupancy on the Project is issued, Architect shall prepare and submit to Owner for its review, opinions as may be reasonably requested by the Town Owner in enumerating the items required to obtain a permanent certificate of occupancy, the date said items are expected to be completed, and the expected cost of completing such work. ARCHITECT AGREEMENT - Page 10 -------------------
2.5.17 Architect shall attend meetings as necessary with representatives of Owner and back-charged other designated parties as may be reasonably required by Town Owner, or as otherwise may be necessary or appropriate, in connection with any reviews or discussions of the Work or any related matters. If requested by Owner, Architect also shall prepare and distribute minutes of all such meetings to ContractorOwner, all attendees and all other involved parties. Architect shall attend job meetings, if necessary or appropriate, or if directed by Owner.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Sources: Architect Agreement (Wells Real Estate Investment Trust Inc)
Construction Phase - Administration of the Construction Contract. 1.9.1 The Construction Phase will commence Architect/Engineer shall provide services as described herein, and in accordance with the issuance by Town to the Construction Manager or other successful bidder for conditions of the construction Work contract provided under Part III.D.2, during the construction phase. Services under this phase shall commence upon award of contracts for construction.
1. Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified, or extended without written agreement of the Architect/Engineer and the Owner.
2. The Architect/Engineer shall participate in and take meeting minutes of the pre-construction meeting.
3. The Architect/Engineer shall be the representative of the State during the construction phase of the Project, as the case may be (the “Contractor”), a written Notice to Proceed with construction in accordance with the contract entered into between the Town and the Contractor (the “Construction Contract”), a copy of which will be provided to the Architect upon its execution.
1.9.2 The Architect shall advise and consult with the Town during State Engineer’s Representative. Instructions to the Construction PhaseContractor shall be forwarded through the Architect/Engineer. The Architect/Engineer shall have the authority to act on behalf of the State only to the extent provided herein and in the contract documents, unless otherwise specifically agreed in writing.
1.9.3 4. The Architect shall Architect/Engineer will visit the construction site at intervals appropriate to the stage of construction, or as otherwise agreed by the Town and Architect in writingbut averaging every ???, to become keep generally familiar with the progress and quality of Work the work completed and to determine in general if Work the Project is proceeding being constructed in accordance a manner such that when completed it would be in conformance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality plans and progress of the Workspecifications and other contract documents. On the basis of such on-site observations, Architect the Architect/Engineer shall keep the Town State Engineer's Representative informed of the progress and quality of the Work, work on the Project and shall endeavor to guard the Town State against defects and deficiencies in the Workwork of the Contractor. After each visitOn average, every ???, the Architect Architect/Engineer will promptly provide the Town with a written reportreport to the State Engineer's Representative as to the progress of the Project, items noted for correction, and remedial actions, if any, required. If The State Engineer or State Engineer’s Representative may attend such site observations, and other observance activities conducted by the Architect Architect/Engineer, or may on their own observe the progress of the Project at other times, but the responsibility for performing any observations of the construction work in accordance with this paragraph remains with the Architect/Engineer. Any services provided pursuant to Part IV.B shall be an additional service over and above the services to be provided under this paragraph.
5. The Architect/Engineer shall endeavor at all times to guard the State against defects and deficiencies in the Project as executed by the Contractors, however, the Architect/Engineer shall not be required to guarantee the performance of the Contractors. SAMPLE
6. Prompt written notice shall be given by the Architect/Engineer to the State Engineer’s Representative if the Architect/Engineer becomes aware of any defects fault or deficiencies defect in the WorkProject or non-conformance with the contract documents.
7. The Architect/Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Project, since these are solely the Contractor's responsibilities under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the Project in accordance with the Contract Documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Project, except to the extent that the Architect/Engineer may formally notify the Contractor of the unacceptability of various portions of the Project or failure to carry out the work on the Project in accordance with the Contract Documents. The Architect/Engineer will inform the Contractor on behalf of, and upon consultation with, the Architect will provide prompt notice, followed State Engineer to cease work on the Project or portions thereof affected by written confirmation, those items that are unacceptable and remain uncorrected until such time as corrections are made. Nothing in this paragraph is intended to relieve the Town. If, Architect/Engineer of its responsibility as set forth in the Architect’s opinion, special testing or inspection of Contract Documents to observe that the Work Project is needed, completed in accordance with the Architect shall provide written recommendations for such testing or inspection procedures to the TownContract Documents.
1.9.4 8. The Architect Architect/Engineer shall at all times have access to the Work Project wherever it is in preparation or progress.
1.9.5 The Architect shall promptly issue a written report to 9. Except as may otherwise be provided in the Town relative to deviations from the most recent construction schedule including but not limited to all updated schedules submitted Contract Documents or when direct communications have been approved by the Architect/Engineer, the State and the Contractor for shall communicate through the ProjectArchitect/Engineer. Communications by and with the Architect/Engineer's consultants shall be through the Architect/Engineer.
1.9.6 As requested by the Town, and based on the 10. The Architect's observations at the site and an evaluation of Contractor’s Application for Payment, the Architect shall /Engineer will determine the amounts owing to the Contractor based on observations at the site, and on evaluations of the Contractor's Monthly Applications for Payment, and shall issue a Certificates of Payment for amounts due on forms provided by the State Engineer or the State Engineer’s Representative. A Certificate for of Payment in such amounts, as provided in the Contract Documents.
1.9.7 The issuance of a Certificate for Payment shall constitute constitutes a representation by the Architect Architect/Engineer to the Town thatState, based on upon the Architect's observations at and the site and on information provided by the data comprising Contractor in the Contractor’s Application for PaymentApplication, that the Work Project has progressed to the point indicated; that, that to the best of the Architect/Engineer's knowledge, information information, and belief, that the quality of Work the work on the Project is in accordance with the Contract Documents (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, The Architect/Engineer shall approve or reject all of the issuance of a Certificate Contractor’s Monthly Applications for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sumwithin 5 days.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town11. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect /Engineer shall have authority to reject Work work on the Project, which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in Whenever the Architect's reasonable opinion, /Engineer considers it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect Architect/Engineer will have authority to require special additional inspection or testing of the Work work in accordance with the provisions of the Contract Documents, whether or not such Work be then work is fabricated, installed installed, or completed; but . However, neither this authority of the Architect Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall take action only after consultation with give rise to a duty or responsibility of the Town Architect/Engineer to any Contractor, Subcontractors, material and Contractor.equipment suppliers, their agents or employees, or other persons performing portions of the work on the Project. SAMPLE
1.9.12 12. The Architect, in conjunction with the Town, /Engineer shall review the and approve or take other appropriate action on shop drawings, samples or catalogue cuts which are required by the Construction Documents after review and approval by the Contractor (hereinafter "shop drawings"). The Architect and Town shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance with the design intent of the Construction Documents and transmit them to the Contractor. The review of shop drawings shall be limited to two (2) submissions per identified issue under the scope of Basic Services and will be conducted only after the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Documentsproduct data, and other requirements which affect design intent; all submissions shall specifically include a representation samples submitted by the Contractor to determine if they conform with the design concept for the Project and with the information provided in the Contract Documents, and submit these documents or information to the State Engineer’s Representative indicating the Architect/Engineer's approval or comments with reasonable promptness so as to cause no delay to the prosecution of the Project. Approval or acceptance of a specific item shall not necessarily indicate the Architect/Engineer's approval of an assembly of which the item is a component. When professional certification of equipment is required by the Contract Documents, the Architect/Engineer will be entitled to rely upon that certification to determine that the materials, systems, or equipment will meet the performance criteria required coordination has been performedin the Contract Documents.
13. The Town Architect/Engineer will not be responsible for consult with and advise the State Engineer’s Representative during construction on any additional compensation items which concern interpretation of design. The Architect/Engineer will make recommendations to the Architect for submission reviews in excess of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted State Engineer’s Representative on any adjustments that may be proposed by the Contractor that exceed two (2) reviews or the Owner. The Architect/Engineer shall make such necessary drawings or prepare descriptive information for change order proposals as required and shall review the same issueproposals for accuracy and recommend approval to the State Engineer; after proposals are accepted by the State Engineer, the Architect/Engineer shall prepare the necessary change order documents on forms provided by the State Engineer or the State Engineer’s Representative.
14. If The Architect/Engineer will conduct, at the Contractor unreasonably refuses to pay time and place approved by the Architect a reasonable fee for such Additional ServicesState Engineer’s Representative, such reasonable fee may, as provided in with the agreement between Owner and the Town and Contractor, observations to establish dates of Project acceptance and completion. The Architect/Engineer shall have other architects, structural, mechanical, or electrical engineers, or other consultants in their employ in attendance at this and at various progress observations as may be paid necessary to evaluate whether the work completed on the Project is in conformance with the Contract Documents. The Architect/Engineer will receive and forward to the State Engineer’s Representative, with comments on completeness or acceptability, those warranties, operation manuals, and other documents required by the Town to Contract Documents and assembled by the Architect and back-charged by Town to Contractor.
1.9.13 RFI15. The Architect/Engineer will review the application for final payment to the Contractor and provide a certificated final payment to the State Engineer.
16. The Architect/Engineer will provide to the State Engineer’s Representative or the Contractor, upon written request, interpretations and CHANGE ORDERSdecisions in writing, or in the form of drawings, on matters concerning performance under the Contract Documents, and execution or performance of the work on the Project. Response to such requests shall be made with reasonable promptness and within any time limits agreed upon. The final decision on all such questions shall be made by the State Engineer’s Representative.
17. The Architect/Engineer will maintain a log of all Requests for Information, Requests for Proposals, and Change Orders. No later than the 5th day of each month, the A/E will process a written Change Order to include all outstanding RFPs. SAMPLE
18. The Architect/Engineer shall attend ??? construction progress meetings and take minutes of said meetings. Architect/Engineer shall publish minutes of said meetings to the Owner, State Engineer’s Representative, and Contractor.
Appears in 1 contract
Sources: Architectural/Engineering Contract
Construction Phase - Administration of the Construction Contract. 1.9.1 3.7.1 The Architect/Engineer’s responsibility to provide Basic Services for each Construction Phase will commence under this Agreement commences with the issuance by Town to Owner’s written acceptance of the Builder’s Construction Price for each Project.
3.7.2 The Architect/Engineer shall provide administration of the Contract for Construction which shall include but not be limited to: (i) Owner’s current General Terms and Conditions; and (ii) the Construction Manager or other successful bidder for the construction Work Documents which shall include, but not be limited to, Division I of the Project, Specifications (hereinafter collectively referred to as the case may be (the “ContractorContract Documents”), . The Contract Documents are available on FIU’s Facilities Management website and are hereby incorporated in this Agreement by reference. The incorporated documents are intended to be complimentary and interpreted in harmony. To the extent there is a written Notice to Proceed with construction in accordance with the contract entered into conflict between the Town any of these documents and the Contractor (Agreement terms, the “Construction Contract”)documents shall govern in the following order of precedence: First, a copy of which will be provided to the Architect upon its executionAgreement terms; second, the Technical Project Design Specifications incorporated in the above documents; and third, the Design Drawings incorporated in the above documents.
1.9.2 3.7.3 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without prior written agreement of the Owner and Architect/Engineer.
3.7.4 The Architect Architect/Engineer shall be a representative of and shall advise and consult with the Town Owner during construction until final payment to the Construction PhaseBuilder is made. The Architect/Engineer shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument.
1.9.3 3.7.5 The Architect Architect/Engineer shall attend regularly scheduled construction meetings at the site and shall provide such representation as may be required to fulfill the intent and interpretation of the plans and specifications for each Project. In any event, the Architect/Engineer shall visit the site a minimum of once per week, or at more frequent intervals appropriate to the stage of constructionconstruction and to satisfy the required inspections in accordance with the applicable technical codes, or as otherwise agreed by the Town Owner and Architect Architect/Engineer in writing, . The Architect/Engineer shall visit the site to become generally familiar with the progress and quality of the Work completed and to determine if the Work is proceeding being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, Architect Architect/Engineer shall keep the Town Owner informed of the progress and quality of the Work, and shall endeavor to guard the Town Owner against defects and deficiencies in the Work. After each visit.
3.7.6 The Architect/Engineer shall not have control over, the Architect will promptly provide the Town or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, since these are solely the Architect will provide prompt noticeBuilder’s responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Builder’s schedules or failure to carry out the Work in accordance with the Contract Documents, followed however, the Architect/Engineer must timely notify the Owner in writing of any actions by written confirmation, to the Town. If, Builder which may result in the failure to carry out the Work in accordance with the Contract Documents and/or Contract Time. The Architect’s opinion, special testing /Engineer shall not have control over or inspection charge of acts or omissions of the Work is neededBuilder, its subcontractors, agents or employees, or of any other persons performing portions of the Architect shall provide written recommendations for such testing or inspection procedures to the TownWork.
1.9.4 3.7.7 The Architect Architect/Engineer shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 The Architect 3.7.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and the Builder shall promptly issue a written report to communicate through the Town relative to deviations from Architect/Engineer. Communications by and with the most recent construction schedule including but not limited to all updated schedules submitted by Architect/Engineer's consultants shall be through the Contractor for the ProjectArchitect/Engineer.
1.9.6 As requested by the Town, and based 3.7.9 Based on the Architect/Engineer's observations at and evaluations of the site and an evaluation of ContractorBuilder’s Application Applications for Payment, the Architect Architect/Engineer shall determine review and certify the amounts owing to Contractor and shall issue a Certificate for Payment in such amounts, as provided in due the Contract DocumentsBuilder.
1.9.7 3.7.10 The issuance of a Certificate Architect/Engineer's certification for Payment payment shall constitute a representation by the Architect to the Town thatOwner, based on the Architect/Engineer's observations at each Project site in accordance with the site Agreement terms and on the data comprising the ContractorBuilder’s Application for Payment, that the Work has progressed to the point indicated; indicated and that, to the best of the Architect/Engineer's knowledge, information and belief, that the quality of the Work is in accordance with the Contract Documents (Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documentsand inspections, to minor deviations from the Contract Documents correctable prior to completion, completion and to any specific qualifications stated in expressed by the Architect/Engineer. The issuance of a Certificate for Payment); and Payment shall further constitute a representation that the Contractor Builder is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 3.7.11 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect /Engineer shall have authority to reject Work recommend to the Owner the rejection of Work, which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in Whenever the Architect's reasonable opinion, /Engineer considers it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect Architect/Engineer will have authority to require special additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then is fabricated, installed or completed; but . However, neither this authority of the Architect Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer to the Builder, its subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work.
3.7.12 The Architect/Engineer shall review, certify, approve, reject or take other appropriate action only after consultation upon Builder’s inquiries and submittals such as Shop Drawings, Product Data, Tests, and Samples. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review.
3.7.13 The Architect/Engineer shall prepare Change Orders, with supporting documentation and data, if deemed necessary by the Architect/Engineer as provided in this Agreement for the Owner's approval and execution in accordance with the Town Contract Documents, and Contractorthe Architect/Engineer may authorize minor changes in the Work upon written approval by the Owner, involving neither an adjustment in the contract sum nor an extension of the Contract Time, which are not inconsistent with the intent of the Contract Documents.
1.9.12 3.7.14 The Architect/Engineer shall conduct inspections to determine the date or dates of Substantial Completion as defined in the Construction Contract and the date of Final Completion, as defined in conjunction with the TownConstruction Contract, shall receive and forward to the Owner for the Owner's review the shop drawings, samples or catalogue cuts which are and records written warranties and related documents required by the Construction Contract Documents after review and approval assembled by the Contractor (hereinafter "shop drawings")Builder, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents.
3.7.15 The Architect/Engineer shall interpret and decide matters concerning performance of the Owner and Builder under the requirements of the Contract Documents on written request of either the Owner or Builder. The Architect Architect/Engineer's response to such request shall be made within fifteen (15) calendar days of the receipt of such a request.
3.7.16 Interpretations and Town decisions of the Architect/Engineer shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance be consistent with the design intent of and reasonably inferable from, the Construction Contract Documents and transmit them to the Contractor. The review of shop drawings shall be limited in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect/Engineer shall endeavor to two (2) submissions per identified issue under secure faithful performance by both Owner and Builder, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith.
3.7.17 The Architect/Engineer's decisions on matters relating to aesthetic effect shall be final if consistent with the scope of Basic Services and will be conducted only after intent expressed in the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Contract Documents, and other requirements which affect design intent; all submissions shall specifically include a representation if concurred with by the Contractor to indicate that Owner in writing.
3.7.18 The Architect/Engineer shall render a written decision within ten (10) calendar days of date of all claims, disputes or other matters in question between the required coordination has been performed. The Town will not be responsible for any additional compensation Owner and Builder relating to the Architect for submission reviews in excess execution or progress of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, Work as provided in the agreement Contract Documents. The Architect/Engineer shall render a final decision as set forth in the General Terms and Conditions of the Contract for Construction.
3.7.19 The Architect/Engineer's decisions on claims, disputes or other matters between the Town Owner and ContractorBuilder, except for those relating to aesthetic effect as provided in this Agreement, shall be paid by subject to resolution as provided in the Town to the Architect and back-charged by Town to ContractorContract Documents.
1.9.13 RFI’s and CHANGE ORDERS
Appears in 1 contract
Construction Phase - Administration of the Construction Contract. 1.9.1 3.7.1 The Architect/Engineer’s responsibility to provide Basic Services for each Construction Phase will commence under this Agreement commences with the issuance by Town to Owner’s written acceptance of the Builder’s Construction Price for each Project.
3.7.2 The Architect/Engineer shall provide administration of the Contract for Construction which shall include but not be limited to: (i) Owner’s current General Terms and Conditions; and (ii) the Construction Manager or other successful bidder for the construction Work Documents which shall include, but not be limited to, Division I of the Project, as Specifications. The Contract Documents are available on FIU’s Facilities Management website and are hereby incorporated in this Agreement by reference. The incorporated documents are intended to be complimentary and interpreted in harmony. To the case may be (the “Contractor”), extent there is a written Notice to Proceed with construction in accordance with the contract entered into conflict between the Town any of these documents and the Contractor (Agreement terms, the “Construction Contract”)documents shall govern in the following order of precedence: First, a copy of which will be provided to the Architect upon its executionAgreement terms; second, the Technical Project Design Specifications incorporated in the above documents; and third, the Design Drawings incorporated in the above documents.
1.9.2 3.7.3 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without prior written agreement of the Owner and Architect/Engineer.
3.7.4 The Architect Architect/Engineer shall be a representative of and shall advise and consult with the Town Owner during construction until final payment to the Construction PhaseBuilder is made. The Architect/Engineer shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument.
1.9.3 3.7.5 The Architect Architect/Engineer shall attend regularly scheduled construction meetings at the site and shall provide such representation as may be required to fulfill the intent and interpretation of the plans and specifications for each Project. In any event, the Architect/Engineer shall visit the site a minimum of once per week, or at more frequent intervals appropriate to the stage of constructionconstruction and to satisfy the required inspections in accordance with the applicable technical codes, or as otherwise agreed by the Town Owner and Architect Architect/Engineer in writing, . The Architect/Engineer shall visit the site to become generally familiar with the progress and quality of the Work completed and to determine if the Work is proceeding being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents, as such documents are defined in the Construction Contract. The Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of Work, provided, however, Architect shall make such on-site observations necessary to be able to keep the Town informed as to the quality and progress of the Work. On the basis of such on-site observations, Architect Architect/Engineer shall keep the Town Owner informed of the progress and quality of the Work, and shall endeavor to guard the Town Owner against defects and deficiencies in the Work. After each visit.
3.7.6 The Architect/Engineer shall not have control over, the Architect will promptly provide the Town or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with a written report. If the Architect becomes aware of any defects or deficiencies in the Work, since these are solely the Architect will provide prompt noticeBuilder’s responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Builder’s schedules or failure to carry out the Work in accordance with the Contract Documents, followed however, the Architect/Engineer must timely notify the Owner in writing of any actions by written confirmation, to the Town. If, Builder which may result in the failure to carry out the Work in accordance with the Contract Documents and/or Contract Time. The Architect’s opinion, special testing /Engineer shall not have control over or inspection charge of acts or omissions of the Work is neededBuilder, its subcontractors, agents or employees, or of any other persons performing portions of the Architect shall provide written recommendations for such testing or inspection procedures to the TownWork.
1.9.4 3.7.7 The Architect Architect/Engineer shall at all times have access to the Work wherever it is in preparation or progress.
1.9.5 The Architect 3.7.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and the Builder shall promptly issue a written report to communicate through the Town relative to deviations from Architect/Engineer. Communications by and with the most recent construction schedule including but not limited to all updated schedules submitted by Architect/Engineer's consultants shall be through the Contractor for the ProjectArchitect/Engineer.
1.9.6 As requested by the Town, and based 3.7.9 Based on the Architect/Engineer's observations at and evaluations of the site and an evaluation of ContractorBuilder’s Application Applications for Payment, the Architect Architect/Engineer shall determine review and certify the amounts owing to Contractor and shall issue a Certificate for Payment in such amounts, as provided in due the Contract DocumentsBuilder.
1.9.7 3.7.10 The issuance of a Certificate Architect/Engineer's certification for Payment payment shall constitute a representation by the Architect to the Town thatOwner, based on the Architect/Engineer's observations at each Project site in accordance with the site Agreement terms and on the data comprising the ContractorBuilder’s Application for Payment, that the Work has progressed to the point indicated; indicated and that, to the best of the Architect/Engineer's knowledge, information and belief, that the quality of the Work is in accordance with the Contract Documents (Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documentsand inspections, to minor deviations from the Contract Documents correctable prior to completion, completion and to any specific qualifications stated in expressed by the Architect/Engineer. The issuance of a Certificate for Payment); and Payment shall further constitute a representation that the Contractor Builder is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid by the Town with respect to the Contract Sum.
1.9.8 The Architect shall be the interpreter of the requirements of the Construction Documents and the judge of the performance of such requirements by Contractor. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits as described in this Agreement. The Architect shall render written decisions, within a reasonable time so as not to delay the Work, on all claims, disputes and other matters in question between the Town and the Contractor relating to the execution or progress of Work or the interpretation of the Construction Documents.
1.9.9 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Construction Documents, and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Town and Contractor, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity.
1.9.10 3.7.11 The Architect's decisions in disputed matters with the Contractor relating to artistic effect shall be final if consistent with the intent of the Construction Documents, provided, however, such decision by the Architect shall be subject to approval of the Town. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Town and the Contractor shall be subject to Dispute Resolution or Arbitration or Litigation as provided in this Agreement and the Contract Documents.
1.9.11 The Architect /Engineer shall have authority to reject Work recommend to the Owner the rejection of Work, which does not conform to the Construction Documents and Architect will promptly deliver a written report to the Town detailing the reasons for rejecting the WorkContract Documents. Whenever, in Whenever the Architect's reasonable opinion, /Engineer considers it is necessary or advisable for the implementation of the intent of the Construction Contract Documents, the Architect Architect/Engineer will have authority to require special additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then is fabricated, installed or completed; but . However, neither this authority of the Architect Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer to the Builder, its subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work.
3.7.12 The Architect/Engineer shall review, certify, approve, reject or take other appropriate action only after consultation upon Builder’s inquiries and submittals such as Shop Drawings, Product Data, Tests, and Samples. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review.
3.7.13 The Architect/Engineer shall prepare Change Orders, with supporting documentation and data, if deemed necessary by the Architect/Engineer as provided in this Agreement for the Owner's approval and execution in accordance with the Town Contract Documents, and Contractorthe Architect/Engineer may authorize minor changes in the Work upon written approval by the Owner, involving neither an adjustment in the Contract Sum nor an extension of the Contract Time, which are not inconsistent with the intent of the Contract Documents.
1.9.12 3.7.14 The Architect/Engineer shall conduct inspections to determine the date or dates of Substantial Completion as defined in the Construction Contract and the date of Final Completion, as defined in conjunction with the TownConstruction Contract, shall receive and forward to the Owner for the Owner's review the shop drawings, samples or catalogue cuts which are and records written warranties and related documents required by the Construction Contract Documents after review and approval assembled by the Contractor (hereinafter "shop drawings")Builder, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents.
3.7.15 The Architect/Engineer shall interpret and decide matters concerning performance of the Owner and Builder under the requirements of the Contract Documents on written request of either the Owner or Builder. The Architect Architect/Engineer's response to such request shall be made within fifteen (15) calendar days of the receipt of such a request.
3.7.16 Interpretations and Town decisions of the Architect/Engineer shall either approve or disapprove with written comments, as appropriate, shop drawings for conformance be consistent with the design intent of and reasonably inferable from, the Construction Contract Documents and transmit them to the Contractor. The review of shop drawings shall be limited in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect/Engineer shall endeavor to two (2) submissions per identified issue under secure faithful performance by both Owner and Builder, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith.
3.7.17 The Architect/Engineer's decisions on matters relating to aesthetic effect shall be final if consistent with the scope of Basic Services and will be conducted only after intent expressed in the Contractor has coordinated said documents to indicate field conditions, proposed deviations from the Construction Contract Documents, and other requirements which affect design intent; all submissions shall specifically include a representation if concurred with by the Contractor to indicate that Owner in writing.
3.7.18 The Architect/Engineer shall render a written decision within ten (10) calendar days of date of all claims, disputes or other matters in question between the required coordination has been performed. The Town will not be responsible for any additional compensation Owner and Builder relating to the Architect for submission reviews in excess execution or progress of two submissions for the same issue. Architect will seek compensation from the Contractor for its additional services for review of shop drawings submitted by the Contractor that exceed two (2) reviews for the same issue. If the Contractor unreasonably refuses to pay the Architect a reasonable fee for such Additional Services, such reasonable fee may, Work as provided in the agreement Contract Documents. The Architect/Engineer shall render a final decision as set forth in the General Terms and Conditions of the Contract for Construction.
3.7.19 The Architect/Engineer's decisions on claims, disputes or other matters between the Town Owner and ContractorBuilder, except for those relating to aesthetic effect as provided in this Agreement, shall be paid by subject to resolution as provided in the Town to the Architect and back-charged by Town to ContractorContract Documents.
1.9.13 RFI’s and CHANGE ORDERS
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