Common use of Architectural Designer’s Services During Construction Period Clause in Contracts

Architectural Designer’s Services During Construction Period. 1. The Architectural Designer shall be considered a representative of the School District in dealing with the Project Construction Contractors and all consultants and subcontractors, with regard to construction activities at the Project site during the Construction Period. The Architectural Designer shall have the authority to act on behalf of the School District only to the extent provided in this Contract, unless otherwise modified by written instrument. 2. The Architectural Designer shall advise and consult with the School District, on an as-needed basis, during the Construction Period. The Architectural Designer shall cooperate with and shall assist the School District whenever necessary to reach conclusions or decisions pertaining to the construction activities on the Project. However, by providing this assistance, the Architectural Designer is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project construction. 3. The Architectural Designer shall attend and participate in pre-construction, construction, and Project meetings scheduled by the School District at the Project site during the Construction Period and any other meetings scheduled during the Construction Period. The Architectural Designer shall document meeting minutes during construction activities during the Construction Period. 4. The Architectural Designer shall consult with the School District, on an as- needed basis, regarding any proposed substitutions of materials and equipment specified in the Construction Documents made during the Construction Period, and shall provide recommendations to the School District regarding these proposed substitutions. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations into their proposed substitutions of materials or equipment. 5. The Architectural Designer shall at all times have access to the work at the Project site whenever it is in preparation or progress. The Architectural Designer shall have the right to review the Project records and documents, upon request to the School District, and at all reasonable times and places, for the duration of the Project. 6. The Architectural Designer shall review and evaluate the Prime Contractor’s detailed construction schedules, including schedules of shop drawing submittals, and shall make recommendations as necessary to the School District. 7. The Architectural Designer shall point out to the Project participants the School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, not-in-contract (NIC) materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. The Architectural Designer shall coordinate its activities in the event there are School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, and NIC materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. 8. The Architectural Designer shall visit the Project site, on a weekly basis or as otherwise agreed by the School District and the Architectural Designer in writing, to become generally familiar with the progress and quality of the work completed on the Project and to determine in general if the work on the Project is being performed in a manner indicating that such work when completed will be in accordance with the Construction Documents. However, the Architectural Designer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work on the Project. The Architectural Designer shall promptly advise the School District in writing whenever it observes any work not being performed in accordance with the Construction Documents during its Project site visits. On the basis of its on-site observations as an Architectural Designer, the Architectural Designer shall keep the School District informed of the progress and quality of the work on the Project. The Architectural Designer shall exercise reasonable care and diligence in discovering and reporting to the School District any apparent defects or deficiencies in the work on the Project about which the Architectural Designer reasonably is aware. The Architectural Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work on the Project, since these are the Prime Contractor’s responsibility under the Prime Contract. The Architectural Designer shall not have control over or charge of acts or omissions of the Prime Contractor, its subcontractors, or their agents or employees, or of any other persons performing services or portions of the work, other than the Architectural Designer’s agents, employees or consultants. 9. The Architectural Designer shall have the authority, after notification to the School District, to reject work which does not conform to the Construction Documents. Whenever the Architectural Designer considers it necessary or advisable for the implementation of the intent of the Construction Documents, the Architectural Designer shall have the authority, upon written authorization from the School District, to require additional inspections or testings of the work in accordance with the provisions of the Construction Documents, whether or not such work has been fabricated, installed or completed. However, neither this authority of the Architectural Designer 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 Architectural Designer to the Prime Contractor, its subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work. 10. Upon written request of the School District, the Project Architectural Designer shall render written interpretations and clarifications of the Construction Documents as are necessary for the proper execution or progress of the work. All the Architectural Designer’s interpretations and clarifications shall be consistent with the intent of and reasonably inferable from the Construction Documents, and shall be in writing or in the form of drawings. The Architectural Designer shall answer all RFIs concerning the meaning of the Construction Documents and the performance thereunder by the participants on the Project, orally or in writing, within a reasonable time period based on the professional standards prevailing in the metropolitan Philadelphia area for the provision of such services. The Architectural Designer shall provide this information with reasonable promptness (within seven (7) days) so as not to delay the progress of the work on the Project. The Architectural Designer shall forward this information to the School District for distribution to all participants on the Project. 11. During the Construction Period, the Architectural Designer’s decision on matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to the reasonable approval of the School District. 12. The Architectural Designer shall review, comment upon, approve or take other appropriate action upon the Prime Contractor’s shop drawings, product data, samples and similar submittals within fourteen (14) working days after their receipt from the School District. The Architectural Designer shall review these submittals to determine their compliance with the requirements of the Construction Documents. The Architectural Designer is not reviewing these submittals to determine the accuracy and completeness of details, such as dimensions and quantities, or to substantiate instructions or installation or performance of equipment or systems provided by the Prime Contractor. The Architectural Designer’s review of these submittals does not constitute review or approval of safety precautions or, unless otherwise specifically stated by the Architectural Designer, of construction means, methods, techniques, sequences or procedures. The Architectural Designer’s review or approval of a specific item or a particular submittal does not indicate that the Architectural Designer has reviewed the entire assembly of which the item is a component or other portions of the Project of which the product depicted forms only a part. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Architectural Designer is entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents, unless the Architectural Designer knows such certification is inaccurate. 13. The Architectural Designer shall assist the School District to identify necessary or desirable changes in the work on the Project. The Architectural Designer shall evaluate requests for changes proposed by the Prime Contractor, and shall make recommendations regarding these proposed changes to the School District. The Architectural Designer shall review and state its concurrence or non-concurrence with requests for proposals submitted by the Prime Contractor. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations, as determined by the School District under the circumstances, into their proposed requests for changes. 14. The Architectural Designer shall assist the School District in obtaining supporting documentation and data for proposed change orders on the Project. The Architectural Designer shall review proposed change orders and the recommendations thereto of the School District, and shall approve and execute or take other appropriate action on these proposed change orders. 15. The Architectural Designer shall review the pay requests of the Prime Contractor with the School District and based on its observations of the work at the Project site, shall, to the best of the knowledge, information and belief of the Architectural Designer, advise the School District whether payment is appropriate based upon the quality of the work and its conformity with the Construction Documents. 16. The Architectural Designer shall review the School District’s Subsidies’ application to the PDE for the Project and shall make recommendations as necessary to the School District.

Architectural Designer’s Services During Construction Period. 1. The Architectural Designer shall be considered a representative of the School District in dealing with the Project Construction Contractors and all consultants and subcontractors, with regard to construction activities at the Project site during the Construction Period. The Architectural Designer shall have the authority to act on behalf of the School District only to the extent provided in this Contract, unless otherwise modified by written instrument. 2. The Architectural Designer shall advise and consult with the School District, on an as-needed basis, during the Construction Period. The Architectural Designer shall cooperate with and shall assist the School District whenever necessary to reach conclusions or decisions pertaining to the construction activities on the Project. However, by providing this assistance, the Architectural Designer is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project construction. 3. The Architectural Designer shall attend and participate in pre-construction, construction, and Project meetings scheduled by the School District at the Project site during the Construction Period and any other meetings scheduled during the Construction Period. The Architectural Designer shall document meeting minutes during construction activities during the Construction Period. 4. The Architectural Designer shall consult with the School District, on an as- as-needed basis, regarding any proposed substitutions of materials and equipment specified in the Construction Documents made during the Construction Period, and shall provide recommendations to the School District regarding these proposed substitutions. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations into their proposed substitutions of materials or equipment. 5. The Architectural Designer shall at all times have access to the work at the Project site whenever it is in preparation or progress. The Architectural Designer shall have the right to review the Project records and documents, upon request to the School District, and at all reasonable times and places, for the duration of the Project. 6. The Architectural Designer shall review and evaluate the Prime Contractor’s detailed construction schedules, including schedules of shop drawing submittals, and shall make recommendations as necessary to the School District. 7. The Architectural Designer shall point out to the Project participants the School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, not-in-contract (NIC) materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. The Architectural Designer shall coordinate its activities in the event there are School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, and NIC materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. 8. The Architectural Designer shall visit the Project site, on a weekly basis or as otherwise agreed by the School District and the Architectural Designer in writing, to become generally familiar with the progress and quality of the work completed on the Project and to determine in general if the work on the Project is being performed in a manner indicating that such work when completed will be in accordance with the Construction Documents. However, the Architectural Designer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work on the Project. The Architectural Designer shall promptly advise the School District in writing whenever it observes any work not being performed in accordance with the Construction Documents during its Project site visits. On the basis of its on-site observations as an Architectural Designer, the Architectural Designer shall keep the School District informed of the progress and quality of the work on the Project. The Architectural Designer shall exercise reasonable care and diligence in discovering and reporting to the School District any apparent defects or deficiencies in the work on the Project about which the Architectural Designer reasonably is aware. The Architectural Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work on the Project, since these are the Prime Contractor’s responsibility under the Prime Contract. The Architectural Designer shall not have control over or charge of acts or omissions of the Prime Contractor, its subcontractors, or their agents or employees, or of any other persons performing services or portions of the work, other than the Architectural Designer’s agents, employees or consultants. 9. The Architectural Designer shall have the authority, after notification to the School District, to reject work which does not conform to the Construction Documents. Whenever the Architectural Designer considers it necessary or advisable for the implementation of the intent of the Construction Documents, the Architectural Designer shall have the authority, upon written authorization from the School District, to require additional inspections or testings of the work in accordance with the provisions of the Construction Documents, whether or not such work has been fabricated, installed or completed. However, neither this authority of the Architectural Designer 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 Architectural Designer to the Prime Contractor, its subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work. 10. Upon written request of the School District, the Project Architectural Designer shall render written interpretations and clarifications of the Construction Documents as are necessary for the proper execution or progress of the work. All the Architectural Designer’s interpretations and clarifications shall be consistent with the intent of and reasonably inferable from the Construction Documents, and shall be in writing or in the form of drawings. The Architectural Designer shall answer all RFIs concerning the meaning of the Construction Documents and the performance thereunder by the participants on the Project, orally or in writing, within a reasonable time period based on the professional standards prevailing in the metropolitan Philadelphia area for the provision of such services. The Architectural Designer shall provide this information with reasonable promptness (within seven (7) days) so as not to delay the progress of the work on the Project. The Architectural Designer shall forward this information to the School District for distribution to all participants on the Project. 11. During the Construction Period, the Architectural Designer’s decision on matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to the reasonable approval of the School District. 12. The Architectural Designer shall review, comment upon, approve or take other appropriate action upon the Prime Contractor’s shop drawings, product data, samples and similar submittals within fourteen (14) working days after their receipt from the School District. The Architectural Designer shall review these submittals to determine their compliance with the requirements of the Construction Documents. The Architectural Designer is not reviewing these submittals to determine the accuracy and completeness of details, such as dimensions and quantities, or to substantiate instructions or installation or performance of equipment or systems provided by the Prime Contractor. The Architectural Designer’s review of these submittals does not constitute review or approval of safety precautions or, unless otherwise specifically stated by the Architectural Designer, of construction means, methods, techniques, sequences or procedures. The Architectural Designer’s review or approval of a specific item or a particular submittal does not indicate that the Architectural Designer has reviewed the entire assembly of which the item is a component or other portions of the Project of which the product depicted forms only a part. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Architectural Designer is entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents, unless the Architectural Designer knows such certification is inaccurate. 13. The Architectural Designer shall assist the School District to identify necessary or desirable changes in the work on the Project. The Architectural Designer shall evaluate requests for changes proposed by the Prime Contractor, and shall make recommendations regarding these proposed changes to the School District. The Architectural Designer shall review and state its concurrence or non-concurrence with requests for proposals submitted by the Prime Contractor. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations, as determined by the School District under the circumstances, into their proposed requests for changes. 14. The Architectural Designer shall assist the School District in obtaining supporting documentation and data for proposed change orders on the Project. The Architectural Designer shall review proposed change orders and the recommendations thereto of the School District, and shall approve and execute or take other appropriate action on these proposed change orders. 15. The Architectural Designer shall review the pay requests of the Prime Contractor with the School District and based on its observations of the work at the Project site, shall, to the best of the knowledge, information and belief of the Architectural Designer, advise the School District whether payment is appropriate based upon the quality of the work and its conformity with the Construction Documents. 16. The Architectural Designer shall review the School District’s Subsidies’ application to the PDE for the Project and shall make recommendations as necessary to the School District.

Architectural Designer’s Services During Construction Period. 1. The Architectural Designer shall be considered a representative of the School District in dealing with the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project), the Project Construction Contractors and all consultants and subcontractors, with regard to construction activities at the Project site during the Construction Period. The Architectural Designer shall have the authority to act on behalf of the School District only to the extent provided in this Contract, unless otherwise modified by written instrument. 2. The Architectural Designer shall advise and consult with the the School DistrictDistrict and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project), on an as-needed basis, during the Construction Period. The Architectural Designer shall cooperate with and shall assist the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) whenever necessary to reach conclusions or decisions pertaining to the construction activities on the Project. However, by providing this assistance, the Architectural Designer is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project construction. 3. The Architectural Designer shall attend and participate in pre-construction, construction, and Project meetings scheduled by the School District at the Project site during the Construction Period and any other meetings scheduled during the Construction Period. The Architectural Designer shall document meeting minutes during construction activities during the Construction Period. 4. The Architectural Designer shall consult with the School DistrictDistrict and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project), on an as- as-needed basis, regarding any proposed substitutions of materials and equipment specified in the Construction Documents made during the Construction Period, and shall provide recommendations to the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) regarding these proposed substitutions. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations into their proposed substitutions of materials or equipment. 5. The Architectural Designer shall at all times have access to the work at the Project site whenever it is in preparation or progress. The Architectural Designer shall have the right to review the Project records and documents, upon request to the School District, and at all reasonable times and places, for the duration of the Project. 6. The Architectural Designer shall review and evaluate the the Prime Contractor’s detailed construction schedules, including schedules of shop drawing submittals, and shall make recommendations as necessary to the School DistrictDistrict and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project). 7. The Architectural Designer shall point out to the Project participants the School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, not-in-contract (NIC) materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. The Architectural Designer shall coordinate its activities in the event there are School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, and NIC materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. 8. The Architectural Designer shall visit the Project site, on a weekly basis or as otherwise agreed by the School District and the Architectural Designer in writing, to become generally familiar with the progress and quality of the work completed on the Project and to determine in general if the work on the Project is being performed in a manner indicating that such work when completed will be in accordance with the Construction Documents. However, the Architectural Designer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work on the Project. The Architectural Designer shall promptly advise the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) in writing whenever it observes any work not being performed in accordance with the Construction Documents during its Project site visits. On the basis of its on-site observations as an a Architectural Designer, the Architectural Designer shall keep the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) informed of the progress and quality of the work on the Project. The Architectural Designer shall exercise reasonable care and diligence in discovering and reporting to the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) any apparent defects or deficiencies in the work on the Project about which the Architectural Designer reasonably is aware. The Architectural Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work on the Project, since these are the Prime Contractor’s responsibility under the Prime Contract. The Architectural Designer shall not be responsible for the performance by the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) of the services required by the Supplemental Construction Manager’s agreement with the School District. The Architectural Designer shall not have control over or charge of acts or omissions of the Prime Contractor, its subcontractors, or their agents or employees, or of any other persons performing services or portions of the work, other than the Architectural Designer’s agents, employees or consultants. 9. The Architectural Designer shall have the authority, after notification to the School District, to reject work which does not conform to the Construction Documents. Whenever the Architectural Designer considers it necessary or advisable for the implementation of the intent of the Construction Documents, the Architectural Designer shall have the authority, upon written authorization from the School District, to require additional inspections or testings of the work in accordance with the provisions of the Construction Documents, whether or not such work has been fabricated, installed or completed. However, neither this authority of the Architectural Designer 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 Architectural Designer to the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project), Prime Contractor, its subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work. 10. Upon written request of the School District, the Project Architectural Designer shall render written interpretations and clarifications of the Construction Documents as are necessary for the proper execution or progress of the work. All the Architectural Designer’s interpretations and clarifications shall be consistent with the intent of and reasonably inferable from the Construction Documents, and shall be in writing or in the form of drawings. The Architectural Designer shall answer all RFIs concerning the meaning of the Construction Documents and the performance thereunder by the participants on the Project, orally or in writing, within a reasonable time period based on the professional standards prevailing in the metropolitan Philadelphia area for the provision of such services. The Architectural Designer shall provide this information with reasonable promptness (within seven (7) days) so as not to delay the progress of the work on the Project. The Architectural Designer shall forward this information to the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) for distribution to all participants on the Project. 11. During the Construction Period, the Architectural Designer’s decision on matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to the reasonable approval of the School District. 12. The Architectural Designer shall review, comment upon, approve or take other appropriate action upon the Prime Contractor’s shop drawings, product data, samples and similar submittals within fourteen (14) working days after their receipt from the School DistrictDistrict or the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project). The Architectural Designer shall review these submittals to determine their compliance with the requirements of the Construction Documents. The Architectural Designer is not reviewing these submittals to determine the accuracy and completeness of details, such as dimensions and quantities, or to substantiate instructions or installation or performance of equipment or systems provided by the Prime Contractor. The Architectural Designer’s review of these submittals does not constitute review or approval of safety precautions or, unless otherwise specifically stated by the Architectural Designer, of construction means, methods, techniques, sequences or procedures. The Architectural Designer’s review or approval of a specific item or a particular submittal does not indicate that the Architectural Designer has reviewed the entire assembly of which the item is a component or other portions of the Project of which the product depicted forms only a part. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Architectural Designer is entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents, unless the Architectural Designer knows such certification is inaccurate. 13. The Architectural Designer shall assist the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) to identify necessary or desirable changes in the work on the Project. The Architectural Designer shall evaluate requests for changes proposed by the Prime Contractor, and shall make recommendations regarding these proposed changes to the School DistrictDistrict and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project). The Architectural Designer shall review and state its concurrence or non-concurrence with requests for proposals submitted by the Prime ContractorContractor or the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project). The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations, as determined by the School District under the circumstances, into their proposed requests for changes. 14. The Architectural Designer shall assist the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) in obtaining supporting documentation and data for proposed change orders on the Project. The Architectural Designer shall review proposed change orders and the recommendations thereto of the School District, and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) and shall approve and execute or take other appropriate action on these proposed change orders. 15. The Architectural Designer shall review the pay requests of the Prime Contractor with the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) and based on its observations of the work at the Project site, shall, to the best of the knowledge, information and belief of the Architectural Designer, advise the School District and the Supplemental Construction Manager (if the Supplemental Construction Manager is assigned to the Project) whether payment is appropriate based upon the quality of the work and its conformity with the Construction Documents. 16. The Architectural Designer shall review the School District’s Office of Subsidies’ application to the PDE for the Project and shall make recommendations as necessary to the School District.

Architectural Designer’s Services During Construction Period. 1. The Architectural Designer shall be considered a representative of the School District in dealing with the Project Construction Contractors and all consultants and subcontractors, with regard to construction activities at the Project site during the Construction Period. The Architectural Designer shall have the authority to act on behalf of the School District only to the extent provided in this Contract, unless otherwise modified by written instrument. 2. The Architectural Designer shall advise and consult with the the School District, on an as-needed basis, during the Construction Period. The Architectural Designer shall cooperate with and shall assist the School District whenever necessary to reach conclusions or decisions pertaining to the construction activities on the Project. However, by providing this assistance, the Architectural Designer is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project construction. 3. The Architectural Designer shall attend and participate in pre-construction, construction, and Project meetings scheduled by the School District at the Project site during the Construction Period and any other meetings scheduled during the Construction Period. The Architectural Designer shall document meeting minutes during construction activities during the Construction Period. 4. The Architectural Designer shall consult with the School District, on an as- needed basis, regarding any proposed substitutions of materials and equipment specified in the Construction Documents made during the Construction Period, and shall provide recommendations to the School District regarding these proposed substitutions. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations into their proposed substitutions of materials or equipment. 5. The Architectural Designer shall at all times have access to the work at the Project site whenever it is in preparation or progress. The Architectural Designer shall have the right to review the Project records and documents, upon request to the School District, and at all reasonable times and places, for the duration of the Project. 6. The Architectural Designer shall review and evaluate the the Prime Contractor’s detailed construction schedules, including schedules of shop drawing submittals, and shall make recommendations as necessary to the School District. 7. The Architectural Designer shall point out to the Project participants the School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, not-in-contract (NIC) materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. The Architectural Designer shall coordinate its activities in the event there are School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, and NIC materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. 8. The Architectural Designer shall visit the Project site, on a weekly basis or as otherwise agreed by the School District and the Architectural Designer in writing, to become generally familiar with the progress and quality of the work completed on the Project and to determine in general if the work on the Project is being performed in a manner indicating that such work when completed will be in accordance with the Construction Documents. However, the Architectural Designer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work on the Project. The Architectural Designer shall promptly advise the School District in writing whenever it observes any work not being performed in accordance with the Construction Documents during its Project site visits. On the basis of its on-on- site observations as an a Architectural Designer, the Architectural Designer shall keep the School District informed of the progress and quality of the work on the Project. The Architectural Designer shall exercise reasonable care and diligence in discovering and reporting to the School District any apparent defects or deficiencies in the work on the Project about which the Architectural Designer reasonably is aware. The Architectural Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work on the Project, since these are the Prime Contractor’s responsibility under the Prime Contract. The Architectural Designer shall not have control over or charge of acts or omissions of the Prime Contractor, its subcontractors, or their agents or employees, or of any other persons performing services or portions of the work, other than the Architectural Designer’s agents, employees or consultants. 9. The Architectural Designer shall have the authority, after notification to the School District, to reject work which does not conform to the Construction Documents. Whenever the Architectural Designer considers it necessary or advisable for the implementation of the intent of the Construction Documents, the Architectural Designer shall have the authority, upon written authorization from the School District, to require additional inspections or testings of the work in accordance with the provisions of the Construction Documents, whether or not such work has been fabricated, installed or completed. However, neither this authority of the Architectural Designer 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 Architectural Designer to the Prime Contractor, its subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work. 10. Upon written request of the School District, the Project Architectural Designer shall render written interpretations and clarifications of the Construction Documents as are necessary for the proper execution or progress of the work. All the Architectural Designer’s interpretations and clarifications shall be consistent with the intent of and reasonably inferable from the Construction Documents, and shall be in writing or in the form of drawings. The Architectural Designer shall answer all RFIs concerning the meaning of the Construction Documents and the performance thereunder by the participants on the Project, orally or in writing, within a reasonable time period based on the professional standards prevailing in the metropolitan Philadelphia area for the provision of such services. The Architectural Designer shall provide this information with reasonable promptness (within seven (7) days) so as not to delay the progress of the work on the Project. The Architectural Designer shall forward this information to the School District for distribution to all participants on the Project. 11. During the Construction Period, the Architectural Designer’s decision on matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to the reasonable approval of the School District. 12. The Architectural Designer shall review, comment upon, approve or take other appropriate action upon the Prime Contractor’s shop drawings, product data, samples and similar submittals within fourteen (14) working days after their receipt from the School District. The Architectural Designer shall review these submittals to determine their compliance with the requirements of the Construction Documents. The Architectural Designer is not reviewing these submittals to determine the accuracy and completeness of details, such as dimensions and quantities, or to substantiate instructions or installation or performance of equipment or systems provided by the Prime Contractor. The Architectural Designer’s review of these submittals does not constitute review or approval of safety precautions or, unless otherwise specifically stated by the Architectural Designer, of construction means, methods, techniques, sequences or procedures. The Architectural Designer’s review or approval of a specific item or a particular submittal does not indicate that the Architectural Designer has reviewed the entire assembly of which the item is a component or other portions of the Project of which the product depicted forms only a part. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Architectural Designer is entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents, unless the Architectural Designer knows such certification is inaccurate. 13. The Architectural Designer shall assist the School District to identify necessary or desirable changes in the work on the Project. The Architectural Designer shall evaluate requests for changes proposed by the Prime Contractor, and shall make recommendations regarding these proposed changes to the School District. The Architectural Designer shall review and state its concurrence or non-concurrence with requests for proposals submitted by the Prime Contractor. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations, as determined by the School District under the circumstances, into their proposed requests for changes. 14. The Architectural Designer shall assist the School District in obtaining supporting documentation and data for proposed change orders on the Project. The Architectural Designer shall review proposed change orders and the recommendations thereto of the School District, and shall approve and execute or take other appropriate action on these proposed change orders. 15. The Architectural Designer shall review the pay requests of the Prime Contractor with the School District and based on its observations of the work at the Project site, shall, to the best of the knowledge, information and belief of the Architectural Designer, advise the School District whether payment is appropriate based upon the quality of the work and its conformity with the Construction Documents. 16. The Architectural Designer shall review the School District’s Subsidies’ application to the PDE for the Project and shall make recommendations as necessary to the School District.

Architectural Designer’s Services During Construction Period. 1. The Architectural Designer shall be considered a representative of the School District in dealing with the Project Construction Contractors and all consultants and subcontractors, with regard to construction activities at the Project site during the Construction Period. The Architectural Designer shall have the authority to act on behalf of the School District only to the extent provided in this Contract, unless otherwise modified by written instrument. 2. The Architectural Designer shall advise and consult with the School District, on an as-needed basis, during the Construction Period. The Architectural Designer shall cooperate with and shall assist the School District whenever necessary to reach conclusions or decisions pertaining to the construction activities on the Project. However, by providing this assistance, the Architectural Designer is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project construction. 3. The Architectural Designer shall attend and participate in pre-construction, construction, and Project meetings scheduled by the School District at the Project site during the Construction Period and any other meetings scheduled during the Construction Period. The Architectural Designer shall document meeting minutes during construction activities during the Construction Period. 4. The Architectural Designer shall consult with the School District, on an as- needed basis, regarding any proposed substitutions of materials and equipment specified in the Construction Documents made during the Construction Period, and shall provide recommendations to the School District regarding these proposed substitutions. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations into their proposed substitutions of materials or equipment. 5. The Architectural Designer shall at all times have access to the work at the Project site whenever it is in preparation or progress. The Architectural Designer shall have the right to review the Project records and documents, upon request to the School District, and at all reasonable times and places, for the duration of the Project. 6. The Architectural Designer shall review and evaluate the Prime Contractor’s detailed construction schedules, including schedules of shop drawing submittals, and shall make recommendations as necessary to the School District. 7. The Architectural Designer shall point out to the Project participants the School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, not-in-contract (NIC) materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. The Architectural Designer shall coordinate its activities in the event there are School District provided materials, supplies, and equipment (including but not limited to bulk procurements) for the Project, and NIC materials, supplies, and equipment, and materials, supplies and equipment that are being provided by others and are not in the Project work. 8. The Architectural Designer shall visit the Project site, on a weekly basis or as otherwise agreed by the School District and the Architectural Designer in writing, to become generally familiar with the progress and quality of the work completed on the Project and to determine in general if the work on the Project is being performed in a manner indicating that such work when completed will be in accordance with the Construction Documents. However, the Architectural Designer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work on the Project. The Architectural Designer shall promptly advise the School District in writing whenever it observes any work not being performed in accordance with the Construction Documents during its Project site visits. On the basis of its on-on- site observations as an Architectural Designer, the Architectural Designer shall keep the School District informed of the progress and quality of the work on the Project. The Architectural Designer shall exercise reasonable care and diligence in discovering and reporting to the School District any apparent defects or deficiencies in the work on the Project about which the Architectural Designer reasonably is aware. The Architectural Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work on the Project, since these are the Prime Contractor’s responsibility under the Prime Contract. The Architectural Designer shall not have control over or charge of acts or omissions of the Prime Contractor, its subcontractors, or their agents or employees, or of any other persons performing services or portions of the work, other than the Architectural Designer’s agents, employees or consultants. 9. The Architectural Designer shall have the authority, after notification to the School District, to reject work which does not conform to the Construction Documents. Whenever the Architectural Designer considers it necessary or advisable for the implementation of the intent of the Construction Documents, the Architectural Designer shall have the authority, upon written authorization from the School District, to require additional inspections or testings of the work in accordance with the provisions of the Construction Documents, whether or not such work has been fabricated, installed or completed. However, neither this authority of the Architectural Designer 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 Architectural Designer to the Prime Contractor, its subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the work. 10. Upon written request of the School District, the Project Architectural Designer shall render written interpretations and clarifications of the Construction Documents as are necessary for the proper execution or progress of the work. All the Architectural Designer’s interpretations and clarifications shall be consistent with the intent of and reasonably inferable from the Construction Documents, and shall be in writing or in the form of drawings. The Architectural Designer shall answer all RFIs concerning the meaning of the Construction Documents and the performance thereunder by the participants on the Project, orally or in writing, within a reasonable time period based on the professional standards prevailing in the metropolitan Philadelphia area for the provision of such services. The Architectural Designer shall provide this information with reasonable promptness (within seven (7) days) so as not to delay the progress of the work on the Project. The Architectural Designer shall forward this information to the School District for distribution to all participants on the Project. 11. During the Construction Period, the Architectural Designer’s decision on matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to the reasonable approval of the School District. 12. The Architectural Designer shall review, comment upon, approve or take other appropriate action upon the Prime Contractor’s shop drawings, product data, samples and similar submittals within fourteen (14) working days after their receipt from the School District. The Architectural Designer shall review these submittals to determine their compliance with the requirements of the Construction Documents. The Architectural Designer is not reviewing these submittals to determine the accuracy and completeness of details, such as dimensions and quantities, or to substantiate instructions or installation or performance of equipment or systems provided by the Prime Contractor. The Architectural Designer’s review of these submittals does not constitute review or approval of safety precautions or, unless otherwise specifically stated by the Architectural Designer, of construction means, methods, techniques, sequences or procedures. The Architectural Designer’s review or approval of a specific item or a particular submittal does not indicate that the Architectural Designer has reviewed the entire assembly of which the item is a component or other portions of the Project of which the product depicted forms only a part. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Architectural Designer is entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents, unless the Architectural Designer knows such certification is inaccurate. 13. The Architectural Designer shall assist the School District to identify necessary or desirable changes in the work on the Project. The Architectural Designer shall evaluate requests for changes proposed by the Prime Contractor, and shall make recommendations regarding these proposed changes to the School District. The Architectural Designer shall review and state its concurrence or non-concurrence with requests for proposals submitted by the Prime Contractor. The School District shall require the Prime Contractor to pay for the Architectural Designer’s exhaustive investigations, as determined by the School District under the circumstances, into their proposed requests for changes. 14. The Architectural Designer shall assist the School District in obtaining supporting documentation and data for proposed change orders on the Project. The Architectural Designer shall review proposed change orders and the recommendations thereto of the School District, and shall approve and execute or take other appropriate action on these proposed change orders. 15. The Architectural Designer shall review the pay requests of the Prime Contractor with the School District and based on its observations of the work at the Project site, shall, to the best of the knowledge, information and belief of the Architectural Designer, advise the School District whether payment is appropriate based upon the quality of the work and its conformity with the Construction Documents. 16. The Architectural Designer shall review the School District’s Office of Subsidies’ application to the PDE for the Project and shall make recommendations as necessary to the School District.