Common use of ARCHITECT'S ADMINISTRATION OF THE CONTRACT Clause in Contracts

ARCHITECT'S ADMINISTRATION OF THE CONTRACT. 4.2.1. The Architect will provide administration of the Contract to the extent provided in the Contract Documents. The Architect also will advise and consult with Owner on matters related to the Work generally. The Architect will have authority to act on behalf of Owner only to the extent specifically provided in the Contract Documents. 4.2.2. Owner shall cause the Architect to visit the Project Site at intervals appropriate to the stage of Contractor's operations (1) to become generally familiar with the progress of the Work and the quality of the portion of the Work that has been completed, (2) to endeavor to guard Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be substantially in accordance with the Contract Documents. Owner will cause the Architect to periodically report its findings to Owner and Contractor. 4.2.3. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through Contractor. Communications by and with separate contractors shall be through Owner. 4.2.4. If requested by Owner, the Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of Owner, Contractor or separate contractors. The Architect's review of Contractor's submittals shall not relieve Contractor of its obligations. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.5. The Architect will make recommendations concerning performance under, and requirements of, the Contract Documents on written request of either Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Such interpretations shall not be binding on either Owner or Contractor unless such party otherwise agrees. 4.2.6. Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor and will not show partiality to either Owner or Contractor.

ARCHITECT'S ADMINISTRATION OF THE CONTRACT. 4.2.1. 4.2.1 The Architect will provide administration of the Contract to the extent provided as described in the Contract Documents. The Architect also , and will advise be an Owner’s representative (1) during construction, (2) until final payment is due and consult (3) with Owner on matters related the Owner’s concurrence, from time to time during the Work generallyone-year period for correction of Work. The Architect will have authority to act on behalf of the Owner only to the extent specifically provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2. Owner shall cause 4.2.2 The Architect, as a representative of the Architect to Owner, will visit the Project Site site at intervals appropriate to the stage of the Contractor's operations ’s operations (1) to become generally familiar with and to keep the Owner informed about the progress of the Work and the quality of the portion of the Work that has been completedWork, (2) to endeavor use best efforts to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is proceeding in accordance with the Contract Documents; and (4) to cause the Architect’s Consultants to perform observations necessary to determine that key components of the Work are being performed in a manner indicating that the Work, when fully completed, will be substantially carried out in accordance with the Contract Documents. Owner will cause If the Architect to periodically report or its findings to Owner and Consultants becomes aware of the failure of the XXXX Contractor, SubContractor or any other persons performing any of the Work not in accordance with the Contract Documents the Architect shall promptly notify the Owner. 4.2.3. 4.2.3 The duties and responsibilities of the Architect set forth in Subparagraph 4.2.2 are solely for the benefit of the Owner, and the Architect’s performance or non-performance of its 4.2.4 Communications by and with the Architect's ’s consultants shall be through the Architect. Communications by and with Subcontractors SubContractors and material suppliers shall be through the XXXX Contractor. Communications by and with separate contractors Contractors shall be through the Owner. 4.2.44.2.5 Based on the Architect’s and the Owner’s evaluations of the progress and quality of the Work, the Applications for Payment and all other information available to the Architect, the Architect shall within seven (7) business days of receipt of a properly executed Application for Payment certify to the Owner the undisputed amount recommended for payment to the XXXX Contractor. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents, and shall do so unless, after consultation with the Owner, the Owner instructs otherwise. If requested by OwnerWhenever the Architect in the exercise of the Architect’s professional opinion considers it necessary or advisable, the Architect will have authority subject to the Owner’s prior approval to require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect 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 to the XXXX Contractor, SubContractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will promptly review and approve approve, reject or take other appropriate action upon the Contractor's ’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given the Contract Documents. Review of such submittals shall not relieve the XXXX Contractor of responsibility for determining the accuracy and completeness of other details such as dimensions, quantities, proper fit of portions or components of the design concept expressed in Work to each other, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the XXXX Contractor as required by the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of Owner, Contractor or separate contractors. The Architect's ’s review of the Contractor's ’s submittals shall not relieve the XXXX Contractor of its obligationsthe obligations under Article 3. The Architect's ’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's ’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.54.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work. All Change Orders and Construction Change Directives shall require the approval of the Owner in writing to be binding on the Owner. 4.2.9 The Architect will make recommendations to the Owner of the date or dates of Substantial Completion and the date of final completion, will receive, approve and forward to the Owner, written warranties and related documents required by the Contract, and will recommend a final Certificate for Payment upon compliance with the requirements of the Contract Documents and the Retainage Act. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. 4.2.11 Subject to the claims procedures set forth in Paragraph 4.3, the Architect will interpret and decide matters concerning performance under, and requirements of, under the Contract Documents on written request of either the Owner or XXXX Contractor. Upon receipt of such request from either the Owner or XXXX Contractor, the Architect shall promptly notify the non-requesting party of the details of the request. The Architect's ’s response to such requests the request will be made promptly, and in writing within any time limits agreed upon or otherwise with reasonable promptnessno event later than 15 days after the date on which such request is made. Such interpretations Delay shall not be binding recognized on either Owner or Contractor unless account of failure by the Architect to furnish such party otherwise agreesinterpretations until 15 days after written request is made for them. 4.2.6. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor and XXXX Contractor, will not show partiality to either Owner and will not be liable for results of interpretations or Contractordecisions so rendered in good faith.

ARCHITECT'S ADMINISTRATION OF THE CONTRACT. 4.2.1. The A. Architect will provide administration make periodic visits to the site to familiarize itself generally with the progress and quality of the Contract Work and to determine if the extent provided Work is proceeding in accordance with the Contract Documents. The Although Architect also will advise and consult with Owner on matters related is required to make periodic inspections, it is not required to make exhaustive or continuous onsite inspections. On the Work generally. The basis of its observations while at the site, Architect will have authority to act on behalf keep Owner informed of Owner only to the extent specifically provided in the Contract Documents. 4.2.2. Owner shall cause the Architect to visit the Project Site at intervals appropriate to the stage of Contractor's operations (1) to become generally familiar with the progress of the Work and the quality of the portion of the Work that has been completed, (2) to will endeavor to guard Owner against defects and deficiencies in the Work, and (3) . Architect’s failure to determine observe a defect or deficiency in general if the Work is being performed in a manner indicating that will not relieve Contractor of its duty to perform the Work, when fully completed, will be substantially Work in accordance with the Contract Documents. Owner will cause the Architect to periodically report its findings to Owner and Contractor. 4.2.3. B. Architect will review Contractor's payment requests and determine the amounts due Contractor in accordance with Section 9. C. Communications by between Contractor and with Owner relating to the Architect's consultants shall Work will be through the Architect. Communications by between Owner or Contractor with Architect’s consultants relating to the Work will be through Architect. Communications between Owner or Architect and with Subcontractors and material suppliers shall subcontractors relating to the Work will be through Contractor. Communications by between Contractor and with any separate contractors shall contractor will be through OwnerArchitect, except as otherwise specified in the Contract Documents. 4.2.4D. Owner and/or Architect will have the right to reject and require removal of the following at Contractor's expense: 1. If requested by Any portion of the Work that does not meet the requirements of the Contract Documents. 2. Any portion of the Work damaged or rendered unsuitable during installation or resulting from failure to exercise proper protection. E. Architect will have authority to suspend the Work, with concurrence of Owner, whenever such suspension may be necessary in its reasonable opinion to insure the proper performance of the Work. F. Architect will review Contractor’s Submittals and approve will accept or take other appropriate action upon Contractorregarding the Submittals. Architect's submittals such as Shop Drawings, Product Data and Samples, but only review of the Submittals will be for the limited purpose of checking for general conformance with information given and the design concept expressed in the Contract DocumentsDocuments and will not be conducted for the purpose of determining the accuracy and completeness of details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of Contractor. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of Owner, Contractor or separate contractors. The Architect's review of Contractor's submittals shall Submittals will not relieve Contractor of its obligationsobligations under the Contract Documents. The Architect's review shall of Submittals will not constitute approval acceptance of safety precautions or, unless otherwise specifically stated by the Architect, of any or construction means, methods, techniques, sequences or procedures. The Architect's approval acceptance of a specific item shall will not indicate approval acceptance of an assembly of which the item is a component. 4.2.5. The G. Architect has authority to order Construction Change Directives and Field Changes in accordance with Section 7. H. Architect will make recommendations concerning performance underconduct inspections to determine the dates of Substantial Completion and final completion, will receive and review written guarantees and related documents required by the Contract and assembled by Contractor, and requirements of, the Contract Documents on written request of either Owner will review and certify or reject Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Such interpretations shall not be binding on either Owner or Contractor unless such party otherwise agreesfinal payment request. 4.2.6. Interpretations and decisions of the I. Architect will be consistent with the intent of, interpreter of the performance and reasonably inferable from, requirements of the Contract Documents and Documents. Architect's interpretations will be in writing or in the form of drawings. When making such interpretations . J. Architect's decisions in matters relating to aesthetic effect will be final if consistent with the Contract Documents and decisions, the Architect will endeavor to secure faithful performance approved by both Owner and Contractor and will not show partiality to either Owner or ContractorOwner.

ARCHITECT'S ADMINISTRATION OF THE CONTRACT. 4.2.1. The Architect will provide (a) Certain portions of the administration of the Contract to will be performed by the extent provided in the Contract DocumentsArchitect. The Architect also will advise and consult with Owner on matters related to shall not have the Work generally. The Architect will have authority to act on behalf of Owner only to the extent specifically provided City unless such authority is expressly granted in the Contract Documents. 4.2.2, nor shall such authority be implied from any act or representation of the Architect. Owner shall cause The City is free to elect to have some of the administration duties set out for the Architect to perform under the Contract Documents performed by a construction manager or by employees of the City. (b) The Architect, as a representative of the City, will visit the Project Site site at intervals appropriate to the stage of the Contractor's operations ’s operations (1) to become generally familiar with and to keep the City informed about the progress of the Work and the quality of the portion of the Work that has been completed, (2) to endeavor to guard Owner the City against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be substantially in accordance with the Contract Documents. Owner will cause However, the Architect will not be required to periodically report its findings make exhaustive or continuous on-site inspections to Owner check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Paragraph 5.5(a) In no event shall City or any other party have control over, be in charge of, or be responsible for construction means, methods, techniques, sequences, procedures, or for safety precautions and programs in connection with the Work, since these are solely Contractor’s responsibilities. City will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. City will not have control over, be in charge of, and will not be responsible for the acts or omissions of Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.3(c) 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. (d) Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the City and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's ’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 Ownerthe City. 4.2.4. If requested by Owner, the Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of Owner, Contractor or separate contractors. The Architect's review of Contractor's submittals shall not relieve Contractor of its obligations. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.5. The Architect will make recommendations concerning performance under, and requirements of, the Contract Documents on written request of either Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Such interpretations shall not be binding on either Owner or Contractor unless such party otherwise agrees. 4.2.6. Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor and will not show partiality to either Owner or Contractor.