Reso 2002-433 - Laserfiche WebLink

Home Browse Search

4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until fmal payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Docwnents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect shall provide periodic visits to the site as prescribed in Exhibit "0" in the alUeement between the Owner and Architect in order to be ieneraUy familiar with the prQ~ess and qpality of the Work and to determine in ieneral if the Work is proceedini in accordance with the Contract Documents. This Exhibit "D" by reference hereto forms a part of this AlP'eemeDt. On the basis of such on-site observationS of the Architect the Architect shall keq, the Owner informed of the pro~ess and quality of the Work. and shall endeavor to illard the Owner aeainst defects and deficiencies in the Work of the Contractor.,as-&- represeatati';e efike O'J.lRef, v;ill visit tile site at iRtefVals appFepria&e te the stage eflke CelHfaster's aperatieRS (1) te heselBe geaeFally familiar ,,;itll ell te keep the <F.-mer iIlfeHRell ae9Ut the pFegress aM EfUltlity efike paRin afike Walk salRpleteti, (2) te ealleayer te guarll the O'J.lRer BgaiRst lIefests ell delisieaeies ill ike WeR, ell (3) te lIetemHae ill ge&eHl if the WeR is heiRg perfeHRell in a RIilRBer i811isatiRg that tile Werk, vmea fully sempletell, will Be ill asserllllRse witll lke Ce&tfeet DesYlReBts. }.Iewe'ter, ike .\i:ebitest '.'1411 Bet Be fe'l'lifell Ie make e1thausti'le ar seRtimteus a8 site iBspestiaRS te sheek the '1l1ality er lJU'lfttity ef the Werk. The Afehiteet '.vill Beiiker M'Ie seHel ever er eharge af, Ber Be respeRSihle fer, lke eeR6tn1etiaft meens, RlethaEis, teeh.-H'Iues, se'l'leBees er pFesetkires, er fer the safety presaHtisRS and prsgHRlS in eSl1ReetisB .."Jidl lke "NeR, sinee these are solely the CSlHFastor's rights IlRtl resps85ihilities 1IRder the CeBtfast DaSWRetHs, eJteept as pfs',iEleEl ill Sueparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work provided however. pursuant to Section 4.2.2 Architect shall inform Owner if such failure is observed. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other tbroYgk the Arehitest and with the Architect. as appro,priate. about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2,5 Based on the Architect's observations at the site. the recommendations of the Contractor and Proiect Director and an evaluation of the Ap'plication for Payment. the Architect shall determine the amounts ownine to the Contractor and shall issue a Certificate of Payment in such amounts. as provided by the Contract Documents. The issuance ofa Certificate of Payment shall constitute a r~resentation by the Architect to the Owner that Work has pro~essed to the point indicated: that to the best of Architect's knowledee. information and belief. the Q..uality of Work is in accordance with the Contract documents: and that the Contractor is entitled to payment in the amount certified. However. the issuance of a Certificate for Payment shall not be a rqlresentation that the Architect has made any examination to ascertain how or for what puq>ose the Contractor has used the monies paid on account of the Contract Swn.evBluatisns sethe CeMFaster's Applisatia8s fer Payment, the Arehitest will review Ball eertify ike alR8uRts lIl:ie the CaBlHeter aall will issue CeftiaeBtes fer PaymeRl iR slleh aRl911Rts. iO AlA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N. W.. WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until the date of expiration as noted below. User Document: weitz 201 city of sunny.aia -- 4/3/2002. AlA License Number 1000746. which expires on 8/3/2002. Electronic Format A201-1997 1~ \ ~,.I (A./