ARCHITECT’S RESPONSIBILITIES. 3.1.1. The purpose of this Article is to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed by the Architects’ Contract which is not a part of this Master Facilities Lease. 3.1.2. The Architect shall assist the District in administration of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work. 3.1.3. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the Contractor. 3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delays. 3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed. 3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment. 3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.
Appears in 2 contracts
Samples: Master Site Lease, Master Site Lease
ARCHITECT’S RESPONSIBILITIES. 3.1.1. 2.1 The purpose Architect’s services consist of those services performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement along with any other services included under Article 12 and those excluded under Article 12.1
2.2 The Architect’s services shall be performed as expeditiously as is to provide consistent with professional skill and care and the Contractor with information on orderly progress of the role and responsibilities Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. This Article does not direct the Work of the Architect. The Architect’s Work is directed Time limits established by this schedule approved by the Architects’ Contract which is not a part of this Master Facilities LeaseOwner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
3.1.2. The Architect 2.3 Solutions Architecture shall assist the District in administration of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is identify a representative authorized to act on behalf of the District Architect with respect to projects that may arise under this agreement: PRIMARY CONTACT ALTERNATE CONTACT
2.4 The Architect shall cooperate with the extent provided for in work of consultants retained directly by the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the Contractor.
3.1.4Owner. The Architect shall visit assist in the Site weekly or at intervals appropriate to coordination of the stage work of construction to become generally familiar such other consultant(s) with the progress and quality work of the completed Work Architect’s consultants, and to determine, in general, if the Work is being performed in a manner indicating Architect shall promptly notify the Owner that the Workwork of any consultant is not adequate or satisfactory. The Architect shall have no obligation or responsibility to direct the Owner’s consultants in performing their tasks other than to provide information and assistance necessary for the coordination of their tasks, when completed, nor shall the Architect be in accordance with responsible for delays caused by the Contract DocumentsOwner’s consultant(s) failure to meet milestones or scheduled submission dates. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity responsible for the certification and pre-qualification of the Work. On Owner’s consultants if it is discovered that said consultant(s) had not been qualified prior to the basis start of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delayswork.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. 2.5 The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, maintain insurance for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements duration of this Agreement of the Contract Documents types and is entitled to receipt of Final Tenant Improvement Paymentlimits included herein under sub-paragraph 12.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.
Appears in 2 contracts
Samples: Architect of Record Master Agreement, Architect of Record Master Agreement
ARCHITECT’S RESPONSIBILITIES. 3.1.1§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The purpose of this Article Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed services required by the Architects’ Contract which is not a part of this Master Facilities LeaseAgreement, or shall cause such services to be performed by appropriately licensed design professionals.
3.1.2§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall assist perform its services as expeditiously as is consistent with such professional skill and care and the District in administration orderly progress of the Contract Project.
§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the Contract DocumentsAIA Document C132™–2019, Standard Form of Agreement Between Owner and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract DocumentsConstruction Manager as Adviser. The Architect shall advise and consult with not be responsible for actions taken by the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. § 2.4 The Architect is shall identify a representative authorized to act on behalf of the District Architect with respect to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the ContractorProject.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar § 2.5 Except with the progress Owner’s knowledge and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architectconsent, the Architect shall keep not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the District informed Architect’s professional judgment with respect to this Project.
§ 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the progress requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. Architect/Engineer shall procure and maintain for the duration of the Workthis Agreement (and shall include coverage for any services that preceded this Agreement), and shall endeavor to guard for any period thereafter as described in this Article, the District against defects following insurance coverages arising out of or resulting from the Professional Services and deficiencies completed operations provided under this Agreement by the Architect/Engineer, its agents, representatives, employees, subcontractors or by anyone for whose acts any of them may be liable.
§ 2.6.1 Commercial General Liability with policy limits of not less than « » ($ « » ) for each occurrence and « » ($ « » ) in the Workaggregate for bodily injury and property damage. At Commercial General Liability (CGL) Insurance as specified by the District’s sole discretionmost recent version of Insurance Services Office Occurrence Form CG 001 with at least the following limits of liability: The CGL Policy shall not be subject to a deductible or self-insured retention (SIR) unless approved in writing by the Owner. If a combination of primary and excess liability policies are used to satisfy the requirements of this paragraph, the District may require more frequent site visits excess policies shall be written on a following form basis and contain coverage at least as broad as that provided by the primary policy. Completed operations coverage shall be provided for a term equal to the statute of repose in the jurisdiction in where the Project is located.
§ 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « » ($ « » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Commercial Automobile Liability Insurance as specified by the most recent version of Insurance Services Office Form CA 001 with Code 1 (Any Auto) elected and at the least the following limits of liability: The Automobile Liability coverages shall not be subject to prevent Project delaysa deductible or SIR unless approved in writing by the Owner.
3.1.5. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the Project Inspector are authorized to reject Work that is defective, unsafe, same or does not conform to greater coverage as the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect coverages required under Sections 2.6.1 and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any2.6.2, and in no event to exceed a five (5) working day period from receipt shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the request. Interpretations and decisions of underlying limits only through the Architect shall be consistent with actual payment by the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faithunderlying insurers.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition
ARCHITECT’S RESPONSIBILITIES. 3.1.1§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The purpose of this Article Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with information on the role professional skill and responsibilities care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner’s approval a schedule for the performance of the Architect. This Article does not direct the Work of the Architect’s services. The Architect’s Work services shall be performed as diligently and expeditiously as is directed consistent with the professional skill and care ordinarily provided by Architects under the Architects’ Contract same or similar circumstances and the orderly progress of the Project, taking into account the agreed upon schedule which is not a part of this Master Facilities Lease.initially shall be consistent with the time periods established in Exhibit D.
3.1.2. § 2.3 The Architect shall assist the District in administration of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is identify a representative authorized to act on behalf of the District Architect with respect to the extent provided for in Project.
§ 2.4 Except with the Contract Documents; Owner’s knowledge and shall have the responsibilities and powers established by lawconsent, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the ContractorArchitect’s professional judgment with respect to this Project.
3.1.4§ 2.5 The Architect shall review laws, codes, and regulations applicable to the Architect’s services. The Architect shall visit prepare the Site weekly or at intervals appropriate design of the Project to meet the stage of construction to become generally familiar requirements imposed by governmental authorities having jurisdiction over the Project.
§ 2.6 The Architect shall perform all architectural and design services with the progress professional skill and quality care ordinarily provided by architects practicing in the State of Georgia under the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documentssame or similar circumstances. The Architect shall not be required responsible for the Architect’s negligent and other wrongful acts and omissions. It is the intent to make exhaustive have a very deliberate design review process with Owner, Architect and Contractor to sign off after each phase of service and thus minimizing the potential for subjective opinions regarding overall design details.
§ 2.7 The Architect and its consultants, subcontractors, and agents shall promptly, upon notice or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architectdiscovery, the Architect shall keep the District informed of the progress during any phase of the Work, and shall endeavor to guard the District against defects and deficiencies make necessary revisions or corrections of errors, ambiguities or omissions in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delaysdrawings and specifications without additional compensation.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.1§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The purpose of this Article Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed services required by the Architects’ Contract which is not a part of this Master Facilities LeaseAgreement, or shall cause such services to be performed by appropriately licensed design professionals.
3.1.2§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall assist perform its services as expeditiously as is consistent with such professional skill and care and the District in administration orderly progress of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract DocumentsProject. The Architect shall advise and consult with satisfy the Construction Manager, Project Manager, and requirements for the lawful practice of architecture in the state where the Project Inspector with respect to the administration of the Contract and the Workis located.
3.1.3. § 2.3 The Architect is shall identify a representative authorized to act on behalf of the District Architect with respect to the extent provided for Project. The representative shall be a Principal in Charge.
§ 2.4 Except with the Contract Documents; Owner’s knowledge and consent, the Architect shall have not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the responsibilities and powers established by law, including Title 24 Architect’s professional judgment with respect to this Project.
§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the California Code of Regulations. Nothing contained requirements set forth below are in addition to the Contract Documents shall create any Contractual relationship between types and limits the Architect and normally maintains, the Contractor.
3.1.4Owner shall pay the Architect as set forth in Section 11.9. The Architect shall visit the Site weekly or at intervals appropriate furnish to the stage Owner annually, unless otherwise requested, during the active terms of construction this Agreement, a certificate from an Insurance Carrier authorized to become generally familiar with do business in the progress and quality location of the completed Work Project indicating: 1) the existence of the insurance required under this section; 2) the amount of deductible; and to determine, in general, if 3) the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documentsamount of coverage of such insurance. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity submit a Certificate of Insurance covering the Professional Liability Insurance requirement for one year beyond the Substantial Completion Date of the WorkProject. On During any period in which the basis Architect is not in compliance with the terms of Site observations as an this Article, no compensation will be paid by the Owner to the Architect. It is agreed that the Architect will indemnify and hold harmless the Owner, its officers, its employees and its Designated Representative from any claim or liability of any type, including, without limitation, loss of use, reasonable counsel fees and defense costs, resulting from the Architect’s negligence or that of its employees or subcontractors, in the performance of work under this contract. In the event that the Architect is requested and refuses to honor the indemnity provisions hereunder, then, in addition to all other obligations, and upon adjudication of the Architect’s liability for indemnification, the Architect shall keep pay the District informed cost of bringing any such action, including attorney’s fees, to the progress Owner.
§ 2.5.1 Commercial General Liability with policy limits of the Work, not less than « » ($ « » ) for each occurrence and shall endeavor to guard the District against defects and deficiencies « » ($ « » ) in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delaysaggregate for bodily injury and property damage.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. § 2.5.1.1 The Architect shall conduct observations secure and maintain at its sole cost and expense, adequate General Liability Insurance to determine protect the date or dates of Substantial Completion Owner and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements its employees against claims arising out of the Contract Documents Architect’s services during the design and is entitled to receipt construction of Final Tenant Improvement Payment.
3.1.7the Project for damages in law or equity for property damage and personal injury, including wrongful death. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests Owner shall be made with reasonable promptness named as an additional insured in the policy and within the time limits agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.submit a
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.1. § 1.1 The purpose of this Article Architect shall provide the following professional services:
§ 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed services required by the Architects’ Contract which is not a part of this Master Facilities LeaseAgreement, or shall cause such services to be performed by appropriately licensed design professionals.
3.1.2§ 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall assist perform its services as expeditiously as is consistent with such professional skill and care and the District in administration orderly progress of the Contract Project.
§ 1.2.1 Within four (4) weeks after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services and for Substantial Completion of the Work as described set forth in the Contract DocumentsInitial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be one of exceeded by the District's representatives during construction Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. commencement of construction.
§ 1.3 The Architect shall advise and consult with identifies the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is following representative authorized to act on behalf of the District Architect with respect to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the ContractorProject.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar § 1.4 Except with the progress Owner’s knowledge and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architectconsent, the Architect shall keep not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the District informed of the progress of the Work, and shall endeavor Architect’s professional judgment with respect to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delaysthis Project.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. § 1.5 The Architect shall conduct observations to determine maintain the date or dates following insurance until termination of Substantial Completion and this Agreement. If any of the date of Final Completion, shall receive and forward requirements set forth below are in addition to the Districttypes and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3.
§ 1.5.1 Commercial General Liability with policy limits of not less than «one million dollars» ($«1,000,000») for each occurrence and «one million dollars» ($«1,000,000») in the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractoraggregate for bodily injury and
§ 1.5.2 Automobile Liability covering vehicles owned, and shall verify that the Contractor has complied with all requirements non-owned vehicles used, by th limits of not less than «one million dollars» ($ «1,000,000» ) per accident for bodily injury, property damage arising out of the Contract Documents ownership, maintenance and is entitled to receipt use of Final Tenant Improvement Paymentthose motor vehicles statutorily required automobile coverage.
3.1.7. § 1.5.3 The Architect shall interpret may achieve the required limits and decide matters concerning coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the requirements of same or greater coverage as the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness coverages required under Sections 1.5.1 and within the time limits agreed upon, if any1.5.2, and in no event to exceed a five (5) working day period from receipt shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the request. Interpretations and decisions of underlying limits only through the Architect shall be consistent with actual payment by the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faithunderlying insurers.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.1. § 1.1 The purpose of this Article Architect shall provide the following professional services:
§ 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed services required by the Architects’ Contract which is not a part of this Master Facilities LeaseAgreement, or shall cause such services to be performed by appropriately licensed design professionals.
3.1.2§ 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall assist perform its services as expeditiously as is consistent with such professional skill and care and the District in administration orderly progress of the Contract Project.
§ 1.2.1 Within four (4) weeks after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services and for Substantial Completion of the Work as described set forth in the Contract DocumentsInitial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the O wner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once the Architect or Owner. With the Owner’s approval, the Architect shall be one of adjust the District's representatives during construction schedule, if necessary, as the Project proceeds until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. commencement of construction.
§ 1.3 The Architect shall advise and consult with identifies the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is following representative authorized to act on behalf of the District Architect with respect to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the ContractorProject.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar § 1.4 Except with the progress Owner’s knowledge and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architectconsent, the Architect shall keep not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the District informed Architect’s professional judgment with respect to this Project.
§ 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the progress requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3.
§ 1.5.1 Commercial General Liability with policy limits of not less than «one million dollars» ($«1,000,000») for each occurrence and «one million dollars» ($«1,000,000») in the Workaggregate for bodily injury and property damage.
§ 1.5.2 Automobile Liability covering vehicles owned, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretionnon-owned vehicles used, the District may require more frequent site visits by the Architect to prevent Project delayswith policy limits of not less than «one million dollars» ($ «1,000,000» ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.
3.1.5. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the Project Inspector are authorized to reject Work that is defective, unsafe, same or does not conform to greater coverage as the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect coverages required under Sections 1.5.1 and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any1.5.2, and in no event to exceed a five (5) working day period from receipt shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the request. Interpretations and decisions of underlying limits only through the Architect shall be consistent with actual payment by the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faithunderlying insurers.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.1. § 1.1 The purpose of this Article Architect shall provide the following professional services:
§ 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the Contractor with information on the role and responsibilities of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed services required by the Architects’ Contract which is not a part of this Master Facilities LeaseAgreement, or shall cause such services to be performed by appropriately licensed design professionals.
3.1.2§ 1.1.2 Whenever the term Architect is used in this agreement, it is intended to mean the designer of record and can be either a Maine Registered Architect or Engineer.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall assist perform its services as expeditiously as is consistent with such professional skill and care and the District in administration orderly progress of the Contract Project.
§ 1.2.1 Within four (4) weeks after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of services and for Substantial Completion of the Work as described set forth in the Contract DocumentsInitial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be one of exceeded by the District's representatives during construction Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. commencement of construction.
§ 1.3 The Architect shall advise and consult with identifies the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is following representative authorized to act on behalf of the District Architect with respect to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the ContractorProject.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar § 1.4 Except with the progress Owner’s knowledge and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architectconsent, the Architect shall keep not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the District informed Architect’s professional judgment with respect to this Project.
§ 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the progress requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3.
§ 1.5.1 Commercial General Liability with policy limits of not less than ($ ) one million dollars ($1,000,000) for each occurrence and ($ ) one million dollars ($1,000,000) in the Workaggregate for bodily injury and property damage.
§ 1.5.2 Automobile Liability covering vehicles owned, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretionnon-owned vehicles used, the District may require more frequent site visits by the Architect to prevent Project delayswith policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.
3.1.5. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the Project Inspector are authorized to reject Work that is defective, unsafe, same or does not conform to greater coverage as the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect coverages required under Sections 1.5.1 and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any1.5.2, and in no event to exceed a five (5) working day period from receipt shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the request. Interpretations and decisions of underlying limits only through the Architect shall be consistent with actual payment by the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faithunderlying insurers.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.11.1. The purpose Architects’ services consist of those services performed by the Architect, Architects’ employees, and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement and any other services as provided in Article is to provide the Contractor with information on the role and responsibilities 12 of the Architect. This Article does not direct the Work of the Architectthis Agreement.
1.2. The Architect’s services shall be performed by architects who are duly registered and licensed in the State of Nebraska.
1.3. The Architect will perform its services consistent with the professional skill and care provided by architects practicing in the same locality under the same or similar circumstances. The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care, the orderly progress of the Architect's Work is directed and the requirements of this Agreement. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’ services for each Project as provided in Paragraph 2.2.12 hereof, which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner’s review and approval of submissions by the Architects’ Contract which is not Architect and for approvals by authorities having jurisdiction over each Project and for obtaining required approvals of Owner's Board of Education. The approved schedule shall be deemed a part of this Master Facilities Lease.
3.1.2. The Architect shall assist the District in administration of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the Contractor.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be in accordance with the Contract DocumentsAgreement. The Architect shall not be required exceed time limits established by the approved schedule unless the Owner agrees in writing to make exhaustive or continuous Site inspections to check quality or quantity a modification of the Work. On the basis of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delaysschedule.
3.1.51.4. The Architect covenants with the Owner to furnish its professional skill and the Project Inspector are authorized to reject Work that is defectivejudgment, unsafe, or does not conform pursuant to the requirements professional standard of care set forth in this Agreement, and to cooperate with the Owner in furthering the Owner’s best interests.
1.5. The Architect agrees to furnish efficient administration, observation, and inspection, as defined in paragraph 1.5.1, for each Project and to perform all duties in the soundest, most expedient, exemplary, and economical manner consistent with the interests of the Contract DocumentsOwner.
1.5.1. Whenever Required observations and inspections shall include all observations and inspections required by Architects standard of care.
1.6. The Architect will support the Owner's efforts to implement the economic inclusion programs for the design and construction phases of the Projects. The Architect will also support the Owner's efforts with contractors to implement economic inclusion programs for the construction of the Projects.
1.7. The Architect will indemnify, hold harmless, and protect the Owner against any loss, damage, claim, liability, and cost, including attorneys' fees, proximately caused by any negligent error or omission in the performance of any professional services or in any plan or specification within the responsibility of the Architect or Project Inspector consider it necessary Architect's consultants or advisable, for implementation to any breach of duty or obligation assumed by or required of Architect under the intent terms of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completedthis Agreement.
3.1.61.8. The Architect unconditionally agrees to promptly remedy at its own cost any defect in the Project proximately resulting from the negligence of Architect or its consultants or from the failure of Architect or its consultants to perform its services in a manner as required by this Agreement, or, at the election of the Owner, to pay the reasonable cost of such remedy as performed by a competent third party chosen by the Owner.
1.9. Since this Agreement provides for the physical performance of services in the State of Nebraska, as determined under state law, Architect must register with and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of any newly hired employee pursuant to the Immigration Reform and Control Act of 1986. Architect shall conduct observations contractually require all subcontractors and consultants performing any portion of the Architect's Work under this Agreement to also register and utilize such electronic verification system. Architect and all of Architect's subcontractors and consultants shall use such electronic verification system to determine the date or dates work eligibility status of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and each new employee physically performing any services within the time limits agreed upon, if any, and in no event State of Nebraska under the Agreement. Any person whom the electronic verification system determines is ineligible or not authorized to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or work in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and United States shall not be liable permitted by Architect, nor any subcontractor or consultant, to perform services in Nebraska under this Agreement. Architects shall provide such reasonable documentation as Owner may request, from time to time, during the performance of the contract and for results 5 years thereafter documenting compliance with the provisions of interpretations or decisions so rendered in good faith.this Paragraph
Appears in 1 contract
Samples: Architect Agreement
ARCHITECT’S RESPONSIBILITIES. 3.1.12.1. Architect shall perform the services set forth in this Agreement (collectively, the “Services”).
2.2. Architect will discharge its responsibilities set forth in this Agreement and perform its Services in accordance with generally accepted standards of professional and ethical competence and in any event, with the care, skill, and diligence that a prudent person acting in a like capacity and familiar with such matters would use under such circumstances and at such time (“Standard of Care”). The purpose parties agree that the Standard of Care is applicable to all of the Architect’s Services and obligations under this Agreement whether or not the Standard of Care is expressly referenced in connection with particular provisions of this Article Agreement.
2.3. Architect shall perform Architect’s Services as expeditiously as is consistent with the Standard of Care and the orderly progress of the Work. Upon request of Owner, Architect shall submit for Owner’s approval a schedule for the performance of Architect’s Services, which schedule shall include allowances for periods of time required for Owner’s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the schedule approved by Owner constitute a material term of this Agreement and shall not be exceeded by Architect without further discussion with and written approval of Owner.
2.4. Unless otherwise directed by Owner, Architect shall enter into written agreements only with such engineers, consultants, and service providers previously identified by Architect and approved by Owner in its sole and absolute discretion to provide the Contractor Services required by this Agreement (“Architect’s Consultants”). All agreements with information Architect’s Consultants shall identify Owner as a third party beneficiary and expressly provide Owner with the right to rely on the role services provided by such consultant under the agreement. Upon request of Owner, Architect shall deliver to Owner copies of all agreements entered into with and responsibilities all reports generated by Architect’s Consultants.
2.5. Architect shall coordinate the efforts of all of Architect’s Consultants and shall be responsible to Owner for all acts and omissions of Architect, Architect’s Consultants, their employees, agents and any other persons or entities performing portions of Architect’s Services for or on behalf of Architect or Architect’s Consultants.
2.6. Architect and Architect’s Consultants shall each identify individuals who will serve as members of the Architect. This Article does not direct Project team throughout the Work course of the ArchitectProject. Such individuals shall continue working on the Project except (i) in the event of his or her termination of employment or disability, or (ii) for good cause shown. No new individual shall be assigned to the Project team without prior approval of Owner.
2.7. Architect shall become familiar with and knowledgeable about all laws, regulations, statutes, codes, ordinances and rules applicable to the Project or any existing structures or facilities that will be impacted by the proposed construction (collectively, “Applicable Law”). Architect further agrees to become familiar with and knowledgeable about Owner’s applicable architectural and engineering design standards (“WU Design Standards”). The WU Design Standards for the Medical School campus are available for review at the offices of the Facilities Management Department, Capital Projects and Planning (at WUSM) and online at ___________________________. The WU Design Standards for all other campuses are available for review at the Department of Facilities Planning and Management (at Xxxxxxxx) and online at ___________________________________.
2.8. Architect shall provide designs, Drawings, Specifications and other documents under this Agreement which comply with (i) the Standard of Care, (ii) the WU Design Standards in use at the beginning of the construction document phase, and (iii) all Applicable Laws in force at the time of issuing the Construction Documents or enacted at the time of issuing the Construction Documents and scheduled to take effect prior to the date scheduled for final completion. Architect shall correct and/or modify any designs, Drawings, Specifications or documents that do not so comply, with reasonable promptness and at no cost to Owner. With respect, specifically, to compliance with the Americans with Disabilities Act (“ADA”), Architect, as part of its meetings with Owner pursuant to this Agreement, shall specifically review with Owner how Architect intends to design the Project in order to meet the requirements of the ADA.
2.9. Architect shall cooperate and assist Contractor in making applications and obtaining the required approvals and permits for construction of the Project from Governmental Authorities. To the extent revisions to the Drawings, Specifications or other documents prepared by or on behalf of Architect are required to obtain approvals or permits from permitting authorities or applicable utilities respecting the design of the Project, Architect shall make such revisions at its sole cost and expense. Architect shall not be responsible for any governmental fees associated with obtaining such permits and approvals. When requested by Owner, Architect shall appear and participate at meetings and hearings relating to such required approvals or permits and develop information, comments, materials and other information for presentation at such meetings and hearing.
2.10. Unless otherwise specified by Owner’s Representative, Architect shall prepare all of its Drawings and Record Documents to conform to the version of the Washington University CAD Standards Manual in use at the time of the execution of this Agreement. A copy of the CAD Standards Manual is available for review at the Department of Facilities Planning and Management and online at ________________________________________. Architect shall provide all such Drawings and Record Documents to Owner upon Owner’s request. The costs of any reproductions or prints requested by Owner shall be Reimbursable Expenses under Section 9.2
2.11. Architect shall attend such meetings with Owner and/or Contractor as necessary to perform Architect’s Work Services. Unless responsibility for such minutes is directed by assigned to Contractor or some other person, Architect shall prepare minutes of such meetings and distribute minutes of such meetings within five (5) business days following the Architects’ Contract which is meeting to all attendees, except that Owner’s Representative shall be provided a copy of the minutes whether or not a part of this Master Facilities LeaseOwner’s Representative attended the meeting.
3.1.22.12. The Architect shall assist advise Owner in writing if it appears, at any time, that the District in administration of the Contract as described in Project Schedule or Construction Budget may be exceeded, and shall make recommendations to Owner for corrective action.
2.13. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required by the Contract Documents, Codes or applicable laws, Architect shall specify appropriate performance and shall be one design criteria that such services must satisfy. Submittals relating to such portions of the District's representatives during construction until Work shall include the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise certification and consult with the Construction Managerseal, Project Managerif applicable, and the Project Inspector with respect to the administration of the Contract licensed professional retained for such purpose. Owner and the Work.
3.1.3. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the Contractor.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed may rely upon professional certification included in a manner indicating that the WorkSubmittal relating to performance characteristics of materials, when completed, shall be in accordance with the Contract Documents. The Architect shall not be required to make exhaustive systems or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delays.
3.1.5. The Architect and the Project Inspector are authorized to reject Work equipment that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement PaymentDocuments.
3.1.72.14. The Architect shall interpret and decide matters concerning promptly correct, at no additional cost to Owner, any errors, omissions or defects in the requirements Drawings, Specifications or other documents prepared by or on behalf of Architect which fail to meet the Contract Documents on written request required Standard of either Care set forth herein. If such an error, omission or defect in the District or design is discovered after the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed uponapplicable construction work is in place, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with responsible to Owner for all additional costs (“Owner’s Costs”) to correct the intent construction affected by such error, omission or defect. For the purposes hereof, Owner’s Costs which result from Architect’s error(s), omission(s) or defect(s) will equal that amount of costs incurred by Owner in excess of that amount of costs which Owner would have incurred had Architect’s work not contained any error(s), omission(s) or defect(s). The amount of Owner’s Costs shall mutually be determined by Owner and reasonably inferable from Architect in the Contract Documents exercise of their reasonable good faith judgment. Upon the final determination by Owner and Architect of Owner’s Costs, Owner shall be reimbursed therefore either (i) by the issuance by Owner and execution by Architect of a deductive Professional Supplemental Service Agreement in writing an amount equal to Owner’s Costs, or in the form (ii) by direct reimbursement to Owner by or on behalf of DrawingsArchitect of Owner’s Costs. When making such interpretations and decisions, the Architect shall endeavor also be responsible to secure faithful performance Owner for all damages, including without limitation, all consequential damages, delay costs, relocation costs, costs associated with temporary occupancy, and any additional construction costs paid in order to correct the construction affected by both such error, omission or defect. Owner shall afford Architect the District and first opportunity to correct the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faithsame before undertaking such correction on its own.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.1§ 2.1 The Architect shall provide the professional services as set forth in this Agreement. In providing its services for the Project, the Architect shall at all times exercise not less than the standard of professional care customarily exercised by nationally-recognized architecture firms practicing in the State of Texas performing services similar to those required by this Agreement and for the Project. The purpose services and deliverables provided by the Architect shall comply with all laws, codes, statutes, ordinances, orders, rules and regulations of this Article all federal, state, county and local governmental agencies having jurisdiction over the Project and the Project’s design and construction (“Laws”).
§ 2.2 The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project and in conformance with the Architect’s Schedule as modified from time to provide time in coordination with the Contractor with information on overall Project Schedule. Architect shall not be liable for any Project delay except to the role and responsibilities extent such delay is caused by the breach of contract or other legal duty, negligence or negligent misrepresentation of the Architect. This Article does not direct the Work of the Architect. The Architect’s Work is directed by the Architects’ Contract which is not a part of this Master Facilities Lease.
3.1.2§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager. The Architect shall assist not be responsible for actions taken by the District in administration Construction Manager except to the extent such actions are caused by the breach of contract or other legal duty, negligence or negligent misrepresentation of the Contract as described in the Contract Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. Architect.
§ 2.4 The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is identify a representative authorized to act on behalf of the District Architect with respect to the extent Project.
§ 2.5 Except with the Owner’s knowledge and prior written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.
§ 2.6 The Architect is responsible for the overall coordination and management of the entire Project design including, without limitation, any elements of the Project design provided for by or through the Owner or Construction Manager. imitation, the Architect’s ollo The Architect shall provide its services in cooperation with the Contract Documents; services provided by Owner and Owner’s consultants and contractors including, without limitation, the Program Manager and Construction Manager (collectively, “Owner’s consultants and contractors”) and shall have the responsibilities coordinate its services with those services provided by Owner and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect Owner’s consultants and the Contractor.
3.1.4contractors. The Architect shall visit be entitled to rely on the Site weekly or at intervals appropriate accuracy and completeness of services and information furnished by Owner and Owner’s consultants and contractors except to the stage of construction extent Architect knew or should have known such information was incomplete or in error. The Architect shall provide prompt written notice to become generally familiar with the progress Owner and quality of the completed Work and to determine, in general, Program Manager if the Work is being performed in a manner indicating that the WorkArchitect becomes aware of any error, when completed, shall be in accordance with the Contract Documentsomi such services or information. The Architect shall not be required held responsible for Owner’s cons work, services, conduct or finished product except to make exhaustive or continuous Site inspections to check quality or quantity the extent of the Work. On the basis of Site observations as an Architect, the Architect shall keep the District informed of the progress of the Work, and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits a Loss caused by the neg misrepresentation or breach of contract or other legal duty by Architect including, without l duty to prevent Project delayscoordinate and manage the overall design.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the District, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any, and in no event to exceed a five (5) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
ARCHITECT’S RESPONSIBILITIES. 3.1.11.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's subconsultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The purpose Architect shall adhere to the in Article 6 of the Supplemental Conditions. The schedule includes allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. The schedule, shall not be extended by the Architect without prior notice and written approval of the Owner.
1.1.3 The Architect and its subconsultants, subconsultants, agents, employees and officers shall promptly, upon notice or discovery, during any phase of the Project, make necessary revisions or corrections of errors, ambiguities or omissions in the drawings and specifications without additional compensation or expense to the Owner.
1.1.4 The Architect shall comply with written directives, memoranda, and "The Supplemental Conditions and Procedures for Architects and Engineers", dated, September 3, 1997, Revised October 23, 1999, as issued by the Owner, is hereby made a part of, and incorporated into, the terms of this Article Agreement. If there are any conflicts between "The Standard Form of Agreement Between Owner and Architect" and "The Supplemental Conditions and Procedures for Architects and Engineers", the Owner-Architect Agreement prevails.
1.1.5 It is understood between the parties that, under conditions where the Owner deems it beneficial to provide the Contractor project, the Architect may be working in coordination and cooperation with information on other Consultants who will be employed independently by the role Owner and responsibilities responsible to the Owner for their work and the performance of their respective agreements with the ArchitectOwner. This Article does The Architect and its Consultants shall cooperate with the Owner and other Consultants in a manner to assure that the Project is not direct adversely affected and that the Work of the Architect. The Architect’s Work 's portion of the Project is directed by the Architects’ Contract which is not a part of this Master Facilities Leasecarried out expeditiously.
3.1.2. 1.1.6 The Architect shall assist the District in administration of the prepare all Project Documents (Bidding Documents and Contract as described in the Contract Modification Documents, and shall be one of the District's representatives during construction until the time that Final Tenant Improvement Payment is due the Contractor under the Contract Documents. The Architect shall advise and consult with the Construction Manager, Project Manager, and the Project Inspector with respect to the administration of the Contract and the Work.
3.1.3. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. Nothing contained in the Contract Documents shall create any Contractual relationship between the Architect and the Contractor.
3.1.4. The Architect shall visit the Site weekly or at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, shall be ) in accordance with the Contract Documentsrequirements stated in Department of Education's, Florida Administrative Code (FAC), Florida Building Code (FBC) in effect at the time of the execution of this Agreement and/or document review, as well as any changes in the code during the term of this Agreement and "The Supplemental Conditions and Procedures for Architects and Engineers". The Architect shall not be required to make exhaustive or continuous Site inspections to check quality or quantity format of the Work. On documents shall be according to the basis latest version of Site observations as an the District Master Specifications.
1.1.7 The Architect's and Engineer’s Project Documents shall include, but are not limited to, the Architect shall keep the District informed preparation of the progress of the Work, drawings and shall endeavor to guard the District against defects and deficiencies in the Work. At the District’s sole discretion, the District may require more frequent site visits by the Architect to prevent Project delays.
3.1.5. The Architect and the Project Inspector are authorized to reject Work that is defective, unsafe, or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Inspector consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect and the Project Inspector shall each have authority to require additional inspections or testing of the Work, whether such Work is fabricated, installed, or completed.
3.1.6. The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of Final Completion, shall receive and forward to the Districtspecifications, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall verify that the Contractor has complied with all requirements following elements of the Contract Documents and is entitled to receipt of Final Tenant Improvement Payment.
3.1.7. The Architect shall interpret and decide matters concerning the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests shall be made with reasonable promptness and within the time limits agreed upon, if any, and in no event to exceed a five Project: (5a) working day period from receipt of the request. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the District and the Contractor, shall not show partiality to either and shall not be liable for results of interpretations or decisions so rendered in good faith.Architectural -
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
