PHASE V – CONSTRUCTION ADMINISTRATION. 2.5.1 The Architect’s responsibility to provide Basic Services for Construction Administration under this Agreement commences with the awarding of any agreement for construction and terminates at the latter of the issuance to the Owner of the final Certificate for Payment to GC; issuance of a Certificate of Occupancy; or submission of record drawings unless extended by means authorized by the Owner. 2.5.2 The Architect shall provide Construction Administration services and/or work as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement. 2.5.2.1 Said services and/or work may be modified only by written amendment, agreed to, and fully executed by the Owner and Architect. 2.5.2.2 If there are any conflict(s) between the terms and conditions of this Agreement and the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, the terms and conditions of this Agreement shall govern and control. 2.5.3 The duties, responsibilities, and limitations of the authority of the Architect during Construction Administration shall not be restricted, modified, and/or extended without a written amendment, agreed to, and fully executed by the Owner and Architect and notice provided to the GC. 2.5.4 The Architect shall be a representative of the Owner and shall advise and consult with the Owner. Instructions to the GC shall be forwarded through the Architect. 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, agreed to, and fully executed by the Owner and Architect. 2.5.5 The Architect shall visit, observe, and inspect the Project site, as required, while construction work is in progress, as often as necessary, and appropriate to the stage of construction (with emphasis on structural work). The Architect shall become familiar with the progress and quality of the work and to determine, for the Owner’s benefit and protection, that the work is proceeding in accordance with the intent of the
Appears in 3 contracts
Sources: Agreement for Professional Architectural Bidding Services and Construction Administration Services, Professional Services, Professional Services
PHASE V – CONSTRUCTION ADMINISTRATION. 2.5.1 The Architect/Engineer’s responsibility to provide Basic Services for Construction Administration under this Agreement commences with the awarding of any agreement for construction and terminates at the latter of the issuance to the Owner of the final Certificate for Payment to GC; issuance of a Certificate of Occupancy; or submission of record drawings unless extended by means authorized by the Owner.
2.5.2 The Architect Architect/Engineer shall provide Construction Administration services and/or work as set forth in the current edition of the AIA Document A201, General Conditions and supplementary General Conditions of the Contract for Construction, as of the date of this Agreement.
2.5.2.1 Said services and/or work may be modified only by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer.
2.5.2.2 If there are any conflict(s) between the terms and conditions of this Agreement and the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, the terms and conditions of this Agreement shall govern and control.General
2.5.3 The duties, responsibilities, and limitations of the authority of the Architect Architect/Engineer during Construction Administration shall not be restricted, modified, and/or extended without a written amendment, agreed to, and fully executed by the authorized representatives of the Owner and Architect the Architect/Engineer and notice provided to the GC.
2.5.4 The Architect Architect/Engineer shall be a representative of the Owner and shall advise and consult with the Owner. Instructions to the GC shall be forwarded through the Architect/Engineer. The Architect 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 amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer.
2.5.5 The Architect Architect/Engineer shall visit, observe, and inspect the Project site, as required, while construction work is in progress, as often as necessary, and appropriate to the stage of construction (with emphasis on mechanical, plumbing, electrical & structural work). The Architect Architect/Engineer shall become familiar with the progress and quality of the work and to determine, for the Owner’s benefit and protection, that the work is proceeding in accordance with the intent of thethe Construction Documents.
2.5.5.1 The Architect/Engineer shall give prompt notice to the GC and Owner in writing of any major deviations and/or unacceptable quality of work from the Construction Documents.
2.5.6 The Architect/Engineer, in satisfaction of other responsibilities, shall attend all scheduled construction progress meetings in conjunction with and/or in addition to, visiting the Project site.
2.5.7 The Architect/Engineer shall use reasonable care to guard the Owner against defects and deficiencies in the work and/or the GC’s failure to carry out the work in accordance with the Construction Documents.
2.5.8 The Architect/Engineer shall not have control over and/or be held accountable for construction means, methods, techniques, sequences, procedures, and/or for safety precautions and programs in connection with the work.
2.5.9 Except as provided in this Agreement, the Architect/Engineer shall not be responsible for the GC’s schedule(s) and/or failure to carry out the work in accordance with the construction agreement.
2.5.10 The Architect/Engineer shall not have control over and/or held accountable for acts and/or omissions of the GC, subcontractors, and/or their agents, employees, and/or of any other persons performing portions of the work.
2.5.11 Architect/Engineer will be responsible for its design errors and omissions and shall equitably participate in change order costs resulting from such errors and omissions.
2.5.11.1 Owner shall pay for useful added value, while Architect/Engineer shall pay to repair and/or replace construction as modified by written contract amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect/Engineer.
2.5.11.2 The Owner’s approval, acceptance, use, and/or payment for the entire Architect/Engineer’s services as outlined in this Agreement, and/or the Project itself, shall in no way diminish and/or limit the Architect/Engineer’s obligations and liabilities and/or the Owner’s rights.
2.5.12 Both the Owner and the Architect/Engineer shall always have access to the Project site and work whether it is in preparation and/or progress.
2.5.13 Based on the Architect/Engineer’s observations of the work, and evaluations of the GC’s application(s) for payment, the Architect/Engineer shall review and certify the amounts due to the GC.
2.5.13.1 Said review and certification shall be completed within seven (7) calendar days of the Architect/Engineer’s receipt of the application(s) for payment.
2.5.14 The Architect/Engineer’s Certification of Payment shall constitute a representation to the Owner, based on the Architect/Engineer’s observations at the Project site, that the data comprising the GC’s application for payment for the work has progressed to the point indicated; that the quality of the work is in accordance with the Construction Documents; and the work has been performed in a good and workmanlike fashion.
2.5.14.1 The foregoing representations are subject to an evaluation of the work for conformance with the Construction Documents upon substantial completion to results of subsequent tests and inspections; to minor deviations from the Construction Documents correctable prior to completion; and to specific qualifications expressed by the Architect/Engineer.
2.5.14.2 The issuance of the Architect/Engineer’s Certificate for Payment shall further constitute a representation that the GC is entitled to payment in the amount certified.
2.5.14.3 The issuance for the Architect/Engineer’s Certificate for Payment shall not be a representation that the Architect/Engineer has made exhaustive and/or continuous Project site inspections to check the quality and/or the quantity of the work; reviewed the construction means, methods, techniques, sequences, and/or procedures; reviewed copies of requisitions received from any subcontractors and material suppliers; other data requested by the Owner to substantiate the GC’s right to payment; and/or ascertained how and/or for what purpose the GC has used money previously paid on account of the agreement sum.
2.5.15 Where work does not conform to the Construction Documents, the Architect/Engineer shall promptly notify the Owner of the Architect/Engineer’s intent to reject such work.
2.5.15.1 The Owner may choose to accept such work and shall inform the Architect/Engineer in writing within twenty-four (24) hours of being notified of the Architect/Engineer’s intent to reject said work.
2.5.15.2 Whenever the Architect/Engineer considers it necessary and/or advisable for implementation of the intent of the Construction Documents, the Architect/Engineer will have authority to require additional inspection and/or testing of the work in accordance with the sections of the Construction Documents, whether and/or not such work is fabricated, installed, and/or completed.
2.5.15.3 Where such additional inspection and testing is to be at additional cost to the Owner, said additional inspection and/or testing is to be required by the Architect/Engineer only upon advance notice and approval by the Owner.
2.5.15.4 This authority of the Architect/Engineer, nor a decision made in good faith either to exercise and/or not exercise such authority, shall give rise to a duty of responsibility of the Architect/Engineer to the GC, subcontractors, material and equipment suppliers, agents and/or employees, and/or other persons performing portions of the work.
2.5.16 The Owner shall require the GC to review and approve all submittals prior to submitting the same to the Architect/Engineer.
2.5.16.1 The Architect/Engineer shall approve, review and/or take other appropriate action upon GC’s submittals (e.g., shop drawings, product, and samples) for the limited purpose of checking for conformance with the information given and the design concept expressed in the Construction Documents.
2.5.16.2 The Architect/Engineer’s action shall be taken with such reasonable promptness as to cause no delay in the work and/or in the construction of the Project, while allowing no more than ten (10) business days to permit adequate review by the Architect/Engineer, unless modified, agreed to by the Owner and GC.
2.5.16.3 Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities; for substantiating instructions for installation and/or performance of equipment; and/or systems designed by the GC, all of which remain the responsibility of the GC to the extent required by the construction agreement.
2.5.16.4 The Architect/Engineer’s review shall not constitute approval of safety precautions, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, and/or procedures.
2.5.16.5 The Architect/Engineer’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
2.5.16.6 When certification and/or performance characteristics of materials, systems, and/or equipment is required by the construction agreement, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems, and/or equipment will meet the performance criteria required by the construction agreement.
2.5.16.7 If conflicts arise between laws, statutes, ordinances, codes, rules, and/or regulations, the Architect/Engineer shall notify the Owner who will issue direction.
2.5.17 The Architect/Engineer shall prepare change orders and construction change directives, with supporting documentation and data if deemed necessary by the Architect/Engineer for the Owner’s approval and execution in accordance with the construction agreement.
2.5.18 The Architect/Engineer shall determine the date(s) of substantial completion and the date of final completion.
2.5.18.1 The Architect/Engineer shall provide a Certificate of Substantial Completion to the Owner and shall also receive and forward to the Owner, the review and recorded written warranties (as assembled by the GC), and any related documents required by the construction agreement.
2.5.18.2 The Architect/Engineer shall issue a final Certificate for Payment upon compliance with the requirements of the construction agreement.
2.5.19 The Architect/Engineer shall interpret and decide matters concerning the performance of the GC under the requirements of the Construction Documents on written request of either the Owner or the GC.
Appears in 2 contracts
Sources: Agreement for Professional Architect/Engineer Design Services, Agreement for Professional Architect/Engineer Design Services
PHASE V – CONSTRUCTION ADMINISTRATION. (Not Applicable under this contract)
2.5.1 The Architect’s responsibility to provide Basic Services for the Construction Administration under this Agreement commences with the awarding of any agreement for construction and terminates at the latter of the issuance to the Owner of the final Certificate for Payment to GC▇▇▇▇; issuance of a Certificate of Occupancy; or submission of record drawings unless extended by means authorized by the Owner.
2.5.2 The Architect shall provide Construction Administration services and/or work as set forth in the current edition of the AIA Document A201, General Conditions Conditions, and supplementary General Conditions, of the Contract for Construction, as of the date of this Agreement.
2.5.2.1 Said services and/or work may be modified only by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect.
2.5.2.2 If there are any conflict(s) between the terms and conditions of this Agreement and the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, the terms and conditions of this Agreement shall govern and control.
2.5.3 The duties, responsibilities, and limitations of the authority of the Architect during the Construction Administration shall not be restricted, modified, and/or extended without a by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect and notice provided to the GCCMAR.
2.5.4 The Architect shall be a representative of the Owner and shall advise and consult with the Owner. Instructions to the GC CMAR shall be forwarded through the Architect. 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, agreed to, and fully executed by the authorized representatives of the Owner and the Architect.
2.5.5 The Architect shall visit, observe, and inspect the Project site, as required, while construction work is in progress, as often as necessary, and appropriate to the stage of construction (with emphasis on structural structural, mechanical, plumbing, and electrical work). The Architect shall become familiar with the progress and quality of the work and to determine, for the Owner’s benefit and protection, that the work is proceeding in accordance with the intent of the Construction Documents.
2.5.5.1 The Architect shall give prompt notice to the Owner and ▇▇▇▇ in writing of any major deviations and/or unacceptable quality of work from the Construction Documents.
2.5.6 The Architect, in satisfaction of other responsibilities, shall attend all scheduled construction progress meetings in conjunction with, and/or in addition to, visiting the Project site. The Architect and appropriate subconsultants, in satisfaction of other responsibilities, shall attend all scheduled construction building information modeling (“BIM”) progress meetings in conjunction with, and/or in addition to visiting the project site. The Architect will be required to update the Revit model (BIM tool) during the BIM process for CMAR and all subcontractors.
2.5.7 The Architect shall use reasonable care to guard the Owner against defects and deficiencies in the work and/or the ▇▇▇▇’▇ failure to carry out the work in accordance with the Construction Documents.
2.5.8 The Architect shall not have control over and/or be held accountable for construction means, methods, techniques, sequences, procedures, and/or for safety precautions and programs in connection with the work.
2.5.9 Except as provided in this Agreement, the Architect shall not be responsible for the ▇▇▇▇’▇ schedule(s) and/or failure to carry out the work in accordance with the construction agreement.
2.5.10 The Architect shall not have control over and/or held accountable for acts and/or omissions of the CMAR, subcontractors, and/or their agents, employees, and/or of any other persons performing portions of the work.
2.5.11 Architect will be responsible for its design errors and omissions and shall equitably participate in change order costs resulting from such errors and omissions.
2.5.11.1 Owner shall pay for useful added value while Architect shall pay to repair and/or replace construction as modified by written construction contract amendment, agreed to, and fully executed by the Owner and Architect.
2.5.11.2 The Owner’s approval, acceptance, use, and/or payment for the entire Architect’s services as outlined in this Agreement, and/or the Project itself, shall in no way diminish and/or limit the Architect’s obligations and liabilities and/or the Owner’s rights.
2.5.12 Both the Owner and the Architect shall always have access to the Project site and work whether it is in preparation and/or progress.
2.5.13 Based on the Architect’s observations of the work, and evaluations of the ▇▇▇▇’▇ application(s) for payment, the Architect shall review and certify the amounts due to the ▇▇▇▇.
2.5.13.1 Said review and certification shall be completed within seven (7) calendar days of the Architect’s receipt of the application(s) for payment.
2.5.14 The Architect’s Certification of Payment shall constitute a representation to the Owner, based on the Architect’s observations at the Project site, that the data comprising the ▇▇▇▇’▇ application for payment for the work has progressed to the
2.5.14.1 The foregoing representations are subject to an evaluation of the work for conformance with the Construction Documents upon substantial completion to results of subsequent tests and inspections; to minor deviations from the Construction Documents correctable prior to completion; and to specific qualifications expressed by the Architect.
2.5.14.2 The issuance of the Architect’s Certificate for Payment shall further constitute a representation that the CMAR is entitled to payment in the amount certified.
2.5.14.3 The issuance for the Architect’s Certificate for Payment shall not be a representation that the Architect has made exhaustive and/or continuous Project site inspections to check the quality and/or the quantity of the work; reviewed the construction means, methods, techniques, sequences, and/or procedures; reviewed copies of requisitions received from any subcontractors and material suppliers; other data requested by the Owner to substantiate the ▇▇▇▇’▇ right to payment; and/or ascertained how and/or for what purpose the CMAR has used money previously paid on account of the agreement sum.
2.5.15 Where work does not conform to the Construction Documents, the Architect shall promptly notify the Owner of the Architect’s intent to reject such work.
2.5.15.1 The Owner may choose to accept such work and shall inform the Architect in writing within twenty-four (24) hours of being notified of the Architect’s intent to reject said work.
2.5.15.2 Whenever the Architect considers it necessary and/or advisable for implementation of the intent of the Construction Documents, the Architect will have authority to require additional inspection and/or testing of the work in accordance with the provisions of the Construction Documents, whether and/or not such work is fabricated, installed, and/or completed.
2.5.15.3 Where such additional inspection and testing is to be at additional cost to the Owner, said additional inspection and/or testing is to be required by the Architect only upon advance notice and approval by the Owner.
2.5.15.4 This authority of the Architect nor a decision made in good faith either to exercise and/or not exercise such authority shall give rise to a duty of responsibility of the Architect to the CMAR, subcontractors, material and equipment suppliers, agents and/or employees, and/or other persons performing portions of the work.
2.5.16 The Owner shall require the CMAR to review and approve all submittals prior to submitting the same to the Architect.
2.5.16.1 The Architect shall approve and review and/or take other appropriate action upon ▇▇▇▇’▇ submittals (e.g., shop drawings, product, and samples) for the limited purpose of checking for conformance with the information given and the design concept expressed in the Construction Documents.
2.5.16.2 The Architect’s action shall be taken with such reasonable promptness as to cause no delay in the work and/or in the construction of the Project, while allowing no more than ten (10) business days to permit adequate review by the Architect, unless modified, agreed to by the Owner and ▇▇▇▇.
2.5.16.3 Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities; for substantiating instructions for installation and/or performance of equipment; and/or systems designed by the CMAR, all of which remain the responsibility of the CMAR to the extent required by the construction agreement.
2.5.16.4 The Architect’s review shall not constitute approval of safety precautions, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences, and/or procedures.
2.5.16.5 The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
2.5.16.6 When certification and/or performance characteristics of materials, systems, and/or equipment is required by the construction agreement, the Architect shall be entitled to rely upon such certification to establish that the materials, systems, and/or equipment will meet the performance criteria required by the construction agreement.
2.5.16.7 If conflicts arise between laws, statutes, ordinances, codes, rules, and/or regulations, the Architect shall notify the Owner who will issue direction.
2.5.17 The Architect shall prepare change orders and construction change directives, with supporting documentation and data if deemed necessary by the Architect for the Owner’s approval and execution in accordance with the construction agreement.
2.5.18 The Architect shall determine the date(s) of substantial completion and the date of final completion.
2.5.18.1 The Architect shall provide a Certificate of Substantial Completion to the Owner and shall also receive and forward to the Owner, the review and recorded written warranties (as assembled by the CMAR), and any related documents required by the construction agreement.
2.5.18.2 The Architect shall issue a final Certificate for Payment upon compliance with the requirements of the construction agreement.
2.5.19 The Architect shall interpret and decide matters concerning the performance of the CMAR under the requirements of the Construction Documents on written request of either the Owner or the ▇▇▇▇.
2.5.19.1 The Architect’s response to such requests shall be made with reasonable promptness and/or within any time limits agreed upon in the construction agreement.
2.5.20 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the construction agreement and shall be in writing and/or in the form of drawings.
2.5.20.1 When making such interpretations and initial decisions, the Architect shall endeavor to secure favorable performance by the CMAR and shall not be liable for results of interpretations and/or decisions so rendered in good faith and without negligence.
2.5.21 The Owner shall have final authority on questions relating to aesthetic affect, provided such authority is exercised in a way that is consistent with the intent expressed in the Construction Documents.
2.5.22 On matters in question between the Owner and ▇▇▇▇ relating to the execution and/or progress of the work as provided in the construction agreement between the Owner and the CMAR, the Architect shall render written decisions within ten (10) business days, unless otherwise modified by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect.
2.5.23 When requested by the Owner and as part of the Architect’s services, the Architect shall be prepared to attend as a witness in connection with any public hearing, arbitration, legal proceeding, and/or administrative law proceeding, to which the Owner and/or the Architect is a party concerning the Project.
2.5.24 The Architect shall review, for accuracy, the reproducible set of record drawings as prepared by the ▇▇▇▇ showing significant changes in the work made during construction.
2.5.25 The Architect shall prepare a set of record drawings showing changes in the work made during Construction Administration based on the as-built drawings and/or other data provided by the CMAR to the Architect. Record drawings shall be received by the Owner within six (6) weeks of issuance of final completion. This responsibility may not be assigned to the CMAR.
2.5.25.1 The record drawings shall incorporate all pertinent revisions and/or changes that occurred during construction.
2.5.25.2 Each reproducible record drawing shall be prominently noted as RECORD DRAWING and shall be signed and dated by the Architect of Record.
2.5.26 The Architect shall provide services in connection with evaluating substitutions proposed by the CMAR, making recommendations to the Owner, and in evaluating claims submitted by the CMAR and/or others in connection with the work.
2.5.27 The Architect shall provide the Owner drawings that reflect the final built product as a result of the record drawings provided by the CMAR and/or other changes made during the course of construction. Drawings shall be submitted in electronic PDF format and one full size hard copy of the entire comprehensive set of drawings and shall include all sub consultant plans. Auto Cad drawings will be required for Architectural floor plans, roof plans and all civil plans.
2.5.28 The Architect shall participate in the Owner’s Capital Projects’ proposed STEAM Engagement program (as of February 13, 2024) attached hereto as part of EXHIBIT A.
Appears in 1 contract
Sources: Professional Services
PHASE V – CONSTRUCTION ADMINISTRATION. 2.5.1 The Architect’s 's responsibility to provide Basic Services for Construction Administration under this Agreement commences with the awarding of any agreement for construction and terminates at the latter of the issuance to the Owner of the final Certificate for Payment to GC; issuance of a Certificate of Occupancy; or submission of record drawings unless extended by means authorized by the Owner.
2.5.2 The Architect shall provide Construction Administration services and/or work as set forth in the current edition of the AIA AJA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement.
2.5.2.1 . Said services and/or work may be modified only by written amendment, agreed to, and fully executed by the Owner and Architect.
2.5.2.2 . If there are any conflict(s) between the terms and conditions of this Agreement and the current edition of the AIA AJA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, the terms and conditions of this Agreement shall govern and control.
2.5.3 The duties, responsibilities, and limitations of the authority of the Architect Al·chitect during Construction Administration shall not be restricted, modified, and/or extended without a written amendment, agreed to, and fully executed by the Owner and Architect and notice provided to the GC.
2.5.4 The Architect shall be a representative of the Owner and shall advise and consult with the Owner. Instructions to the GC shall be forwarded through the Architect. 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, agreed to, and fully executed by the Owner and ArchitectAl·chitect.
2.5.5 The Architect Al·chitect shall visit, observe, and inspect the Project site, as required, while construction work is in progress, as often as necessary, and appropriate to the stage of construction (with emphasis on structural work). The Architect shall become familiar with the progress and quality of the work and to determine, for the Owner’s 's benefit and protection, that the work is proceeding in accordance with the intent of the
Appears in 1 contract
Sources: Professional Services