OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely manner. § 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, and significant landscape features, including trees of three inches (3") or greater caliper; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Services.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under 3.1 Owner shall, during the term of this Agreement, provide to Designer full, accurate and complete information regarding the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project.
3.2 Owner may designate, when necessary or appropriate for the expeditious completion of the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s his behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; or his representative shall examine documents submitted by Designer, and Owner may modify the scope of authority of the designated owner or his representative in like manner. The Owner shall render decisions and approve pertaining to such documents promptly in order to avoid unreasonable delay in the Architect’s submittals in a timely mannerprogress of the services to be performed by Designer under this Agreement.
§ 5.4 Where necessary for the Architect’s performance 3.3 Owner has furnished a certified land survey of the Services, in the Architect’s opinion, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations recent date for the site of the Project, and a written legal description of the site. The surveys and legal information shall includereflecting, as applicable, : grades and lines of streets, alleys, pavements pavement, and adjoining property and structures; designated wetlands; adjacent drainageproperty; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the sitesite of the Project; locations, dimensions and necessary complete data with respect pertaining to existing buildings, other improvements, overall dimensions, buildings and significant landscape features, including trees of three inches (3") or greater calipertrees; and full information concerning available service and utility services lines both private and lines, both public and privatepublic, above and below grade, including inverts and depths. Owner shall also furnish to Designer, as applicable, zoning restrictions, deed restrictions, and hydrological information relating to the site of the Project.
§ 5.5 The 3.4 Owner shall furnish the services of consultants when such services are deemed necessary or appropriate by Designer. Such consultants may include, among others, geotechnical engineers, which may include but are not limited to test boringsenvironmental consultants, test pitscivil engineers, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests irrigation Designers and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser hereplanners.
§ 5.7 The 3.5 Owner shall furnish testsany laboratory test, inspections and reports inspection or report as required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligenceConstruction Documents.
§ 5.8 The 3.6 Owner shall furnish all such legal, accounting and insurance and accounting counseling services as may be necessary for the Project, including without limitation, such auditing services as may be required to ascertain how or for what purposes the Contractor has used the monies paid to him under the Construction Contract.
3.7 The services, including auditin reasonably necessary information, surveys and reports required by this Article III shall be furnished by Owner in an expeditious manner and at any time for Owner's expense, and Designer shall be entitled to rely upon the Project to meet the Owner’s needs accuracy and interests, wcompleteness thereof.
§ 5.9 The 3.8 If Owner shall provide prompt written notice to the Architect if the Owner observes or otherwise becomes aware of any fault or defect in the Project, including errors, omissions Project or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency any nonconformance of the design, Project with the Construction Documents, or the Architect’s Serviceshe shall give prompt written notice thereof to Designer.
Appears in 2 contracts
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided 3.1 The Owner will provide full information regarding his requirements for under this Agreementthe Project.
3.2 The Owner may designate in writing a representative who will be fully acquainted with the Project and has authority to issue and approve Project Construction Budgets, issue Change Orders, render decisions promptly and furnish information expeditiously. This representative has the Owner shall provide information authority outlined in 6.5. Any limitations of the foregoing will be indicated to the Construction Manager in writing. The Construction Manager agrees that any of the above decisions increasing the guaranteed maximum price and the project time will be made by Commissioners Court in a timely manner regarding requirements for and limitations on the Projectproperly noticed meeting.
3.3 The Architect, including a written program which shall set forth employed by the Owner’s objectives, schedule, constraints has provided design services and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions prepared construction documents for the Project as refelected in Article 1 hereofproject. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant The Construction Manager is not responsible for the Architect to evaluate, give notice accuracy or completeness of or enforce lien rightsthe construction documents prepared by the design professionals employed by Owner.
§ 5.3 3.4 The Owner shall identify a representative authorized to act on will furnish for the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority site of the designated representative in like mannerProject all necessary surveys describing the physical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and a legal description. The Owner shall render decisions and approve These surveys describe the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey will be referenced to a project benchmark.
§ 5.5 3.5 The Owner shall furnish services will secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations permanent structures or for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser herepermanent changes in existing facilities.
§ 5.7 3.6 The Owner shall will furnish testssuch legal services as may be necessary for providing the items set forth in Paragraph 3.5 and such auditing services as he may require.
3.7 The Construction Manager will be furnished without charge all copies of Drawings and Specifications reasonably necessary for the execution of the Work.
3.8 The Construction Manager will provide the insurance for the Project as provided in Paragraph 9.2 and 9.4.
3.9 The services, inspections information, surveys and reports required by law the above paragraphs or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project otherwise to meet be furnished by other consultants employed by the Owner’s needs , will be furnished with reasonable promptness at the Owner's expense and interests, w
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or Manager will be entitled to rely upon the Architect’s Servicesaccuracy and completeness thereof.
Appears in 2 contracts
Sources: Construction Manager Agreement, Construction Manager Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement.
§ 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Doc ardo edUpon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to perform. g ser herethe services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structuralDocuments, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencesuch as
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement .
§ 5.10 The Owner shall be construed so as to require promptly notify the Architect of any direct communications between the Owner to determine and the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or Contractor that may affect the Architect’s Servicesservices.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.13 The Owner, unless otherwise provided in Article 12, shall furnish all legal, accounting, planning, and other services and expenses required to prepare, present and process any application for governmental or private financing, mortgage insurance or subsidy.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreementin the Engineer Contract, the Owner shall provide information in a timely manner in response to requests from Engineer regarding requirements for and limitations on the Project, including a written program which shall set forth information regarding the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements. Architect and .
§ 5.2 The Owner acknowledge that shall establish the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Cost of the Work and update the budget as necessary throughout the duration of the Project as refelected in Article 1 hereofuntil final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Engineer of the adjustment and relevant for any corresponding change in the Architect to evaluate, give notice of or enforce lien rightsProject’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change , except as otherwise provided in the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like mannerAgreement. The Owner shall render decisions and approve the ArchitectEngineer’s submittals in a timely mannermanner and in accordance with the schedule set forth in the Engineer Contract.
§ 5.4 Where necessary for the ArchitectUpon Engineer’s performance of the Services, in the Architect’s opinionreasonable request, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the ProjectProject site, and a written legal description of the Project site. The surveys and legal information shall include, as requested and applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries boundaries, and contours of the Project site; locations, dimensions overall dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available existing utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to Owner benchmarks, the State Plane Coordinate System of Tennessee, and the North American 83 Datum.
§ 5.5 The If reasonably required by the scope of the Project, the Owner shall furnish services of environmental consultants and geotechnical engineers, which may include but are not limited to including, if reasonably requested by the Engineer, environmental assessments, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Engineer shall coordinate its services with those services provided by the Owner’s consultants. Doc ardo edUpon the Engineer’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure the Owner’s consultants. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to perform. g ser herethe services or work provided.
§ 5.7 The Upon Engineer’s reasonable request, the Owner shall furnish tests, inspections inspections, and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the hazardous materials. Engineer shall timely advise Owner what testof these tests, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencereports.
§ 5.8 The Owner shall furnish all legal, insurance insurance, and accounting services, including auditin auditing services, that are reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 The Both Owner and Engineer shall provide prompt written notice to the Architect other if the Owner either becomes aware of any fault or defect in the Project, including errors, omissions omissions, or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement .
§ 5.10 Owner shall be construed so as to require promptly notify the Engineer of the substance of any direct communications between the Owner and the Contractor that relate to determine or affect the adequacy, accuracyEngineer’s services. Except as otherwise provided in the Agreement or the Contract for Construction, or sufficiency when direct communications have been specifically authorized, Owner shall endeavor to communicate with the Engineer’s consultants through the Engineer about matters arising out of or relating to the Engineer’s services for the Project. Notwithstanding the foregoing, Owner may communicate directly with these third parties orally or in writing, but shall copy Engineer on any written communications.
§ 5.11 The Owner shall provide the Engineer a signed copy of the designContract for Construction, including the Construction Documents, General Conditions and exhibits thereto.
§ 5.12 The Owner shall provide the Engineer access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Engineer access to the Work in preparation or the Architect’s Servicesprogress.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s 's objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions Owner's budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner's budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rightsa corresponding change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s 's behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s 's submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish existing surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; flood plains with 100 and 500 year flood elevations; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.4.1 If applicable and available, the Owner shall provide copies of all drawings and documentation describing the construction of existing facilities that are associated with this Project. The Architect shall be entitled to rely on the accuracy and completeness of the drawings and documentation.
§ 5.4.2 If applicable and if the drawings of the existing facilities are incomplete, unreliable or unavailable, the Owner shall furnish services to provide a digital "point cloud" documenting the existing construction.
§ 5.5 The If required by governmental entities, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Doc ardo edUpon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement or authorize the Architect to performfurnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. g ser hereThe Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided to Owner.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 The Owner will obtain the services of a consultant to conduct testing, validate the operations, and facilitate training of the Owner's staff for the Heating, Ventilation, and Air Conditioning Systems modified and installed as part of this Project.
§ 5.9 The Owner shall in its discretion retain furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s 's needs and interests, w.
§ 5.9 5.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s 's Instruments of Service, .
§ 5.11 Except as otherwise provided nothing in this Agreement shall be construed so as to require Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to determine communicate with the adequacyContractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services.
§ 5.12 Before executing the Contract for Construction, accuracythe Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
§ 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.14 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or sufficiency of the design, the Construction Documents, or the Architect’s Services.enforce lien rights. (Paragraph deleted)
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s 's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and The Owner acknowledge that shall furnish to the information provided is subject to changeArchitect, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within within 15 days after receipt of a written request from the Architectrequest, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.3 4.2 The Owner shall identify establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs.
§ 4.3 The Owner shall designate a representative authorized to act on the Owner’s 's behalf with respect to the Project. The Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the or such designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 4.5 The Owner shall furnish the services of geotechnical engineers, which engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project.
§ 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligenceDocuments.
§ 5.8 4.8 The Owner shall furnish all legal, accounting and insurance and accounting services, including auditin reasonably services that may be necessary at any time for the Project to meet the Owner’s 's needs and interests, w. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
§ 5.9 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the
§ 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or become defect in the Project, including any errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Services.'s In
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5.
§ 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect and relevant Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality.
§ 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to evaluatecoordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, give notice of and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or enforce lien rightsfast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs.
§ 5.3 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 5.6 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Services.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement.
§ 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish a legal description and surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Architect shall coordinate the services of the Owner’s consultants with those services provided by the Architect. Doc ardo edUpon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure to performthe Owner’s consultants. g ser hereThe Owner shall furnish the services of consultants other than those designated in this Agreement when the Architect requests such services and demonstrates that they are
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement .
§ 5.10 The Owner shall be construed so as to require promptly notify the Architect of any direct communications between the Owner to determine and the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or Contractor that may affect the Architect’s Servicesservices.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.13 The Owner shall furnish all legal, accounting, planning, and other services and expenses required to prepare, present and process any application for governmental or private financing, mortgage insurance or subsidy.
§ 5.14 The Owner may furnish the services of a cost consultant or cost estimator to provide all construction cost data, preliminary estimates of Construction Cost or other cost estimates as the Architect's work progresses. The Owner plans to secure construction cost estimates at the following stages of the Architect’s development of the
Appears in 1 contract
Sources: Professional Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided 3.1 The Owner will provide full information regarding his requirements for under this Agreementthe Project.
3.2 The Owner may designate in writing a representative who will be fully acquainted with the Project and has authority to issue and approve Project Construction Budgets, issue Change Orders, render decisions promptly and furnish information expeditiously. This representative has the Owner shall provide information authority outlined in 6.5. Any limitations of the foregoing will be indicated to the Construction Manager in writing. The Construction Manager agrees that any of the above decisions increasing the guaranteed maximum price and the project time will be made by Commissioners Court in a timely manner regarding requirements for and limitations on the Projectproperly noticed meeting.
3.3 The Architect, including a written program which shall set forth employed by the Owner’s objectives, schedule, constraints has provided design services and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions prepared construction documents for the Project as refelected in Article 1 hereofproject. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant The Construction Manager is not responsible for the Architect to evaluate, give notice accuracy or completeness of or enforce lien rightsthe construction documents prepared by the design professionals employed by Owner.
§ 5.3 3.4 The Owner shall identify a representative authorized to act on will furnish for the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority site of the designated representative in like mannerProject all necessary surveys describing the physical characteristics, soil reports and subsurface investigations, legal limitations, utility locations, and a legal description. The Owner shall render decisions and approve These surveys describe the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall will include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey will be referenced to a project benchmark.
§ 5.5 3.5 The Owner shall furnish services will secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations permanent structures or for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser herepermanent changes in existing facilities.
§ 5.7 3.6 The Owner shall will furnish testssuch legal services as may be necessary for providing the items set forth in Paragraph 3.5 and such auditing services as he may require.
3.7 The Construction Manager will be furnished without charge all copies of Drawings and Specifications reasonably necessary for the execution of the Work.
3.8 The Construction Manager will provide the insurance for the Project as provided in Paragraphs 9.2 and 9.4.
3.9 The services, inspections information, surveys and reports required by law the above paragraphs or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project otherwise to meet be furnished by other consultants employed by the Owner’s needs , will be furnished with reasonable promptness at the Owner's expense and interests, w
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or Manager will be entitled to rely upon the Architect’s Servicesaccuracy and completeness thereof.
Appears in 1 contract
Sources: Construction Manager Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements. The Architect and shall assist the Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent as requested with the Cityobligations and responsibilities referenced in this Article 5.
§ 5.2 The Owner shall establish the Owner’s goals and visions budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rightsa corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. The Architect shall promptly notify the Owner in writing of any decision the Architect claims is not being done in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 5.6 The Owner shall provide prompt written notice to the Architect if Supplemental Services designated as the Owner becomes aware of any fault or defect Owner’s responsibility in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s ServicesSection 4.1.1.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this AgreementThe Owner shall, with the Owner shall provide information in a timely manner regarding Architect’s assistance, identify requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints constraints, and criteria, including space requirements and requirements, relationships, flexibility, expandability, special equipment, systems systems, and Project site requirements. Architect .
4.1 The Owner shall establish and Owner acknowledge that update an overall budget for the information provided is subject to changeProject, including, but that not limited to the Basic Services Fees indicated herein take that change into account when they are consistent with construction cost, any other costs of the City’s goals Owner, and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from reasonable contingencies related to all costs.
4.2 If requested by the Architect, the Owner shall furnish provide evidence that financial arrangements have been made to fulfill the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rightsOwner’s obligations under this Agreement.
§ 5.3 4.3 The Owner shall identify a designate an authorized representative authorized to act on the Owner’s behalf with respect to the Project. .
4.3.1 The Owner may change and/or such authorized representative shall render decisions in a timely manner pertaining to any documents submitted by the designated representatives upon written notice Architect to avoid unreasonable delay in the orderly and sequential progress of the Architect; and Owner may modify the scope of authority of the designated representative in like manner. ’s services .
4.4 The Owner shall render decisions and approve the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Servicesprovide, in the Architect’s opinionat their own expense, the Owner shall furnish surveys to describe describing physical characteristics, legal limitations limitations, and utility locations for the Project site of the Project, and along with a written legal description of the Project site. .
4.4.1 The surveys and legal information shall include, as applicable, : grades and lines of streets, alleys, pavements pavements, and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Project site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertress; and information
4.4.2 All the information concerning available utility services on the survey shall be referenced to a benchmark of a similar project of size and lines, both public and private, above and below grade, including inverts and depthsscope to the Project.
§ 5.5 4.5 The Owner shall furnish provide, at its own expense, the services of geotechnical engineers, which may engineering when such services are requested by the Architect.
4.5.1 Such services made include but are not limited to to: test borings, ; test pits, ; determinations of soil soil-bearing values, ; percolation tests, ; evaluations of hazardous materials, seismic evaluation, ; ground corrosion tests and resistivity resistively tests, including necessary operations for anticipating subsoil conditions, conditions with written reports reports; and appropriate recommendations. Doc ardo ed.
4.6 If requested by the Architect, the Owner shall secure, at its own expense, retain the services of other consultants/subconsultants when such services are reasonably required by the scope of the Project.
4.6.1 While the Architect shall coordinate its own work with that of any other consultant(s)/subconsultant(s) assigned to the Project, whether retained by the Owner and/or Architect, this coordination shall not absolve and/or release the ▇▇▇▇ and/or other designs from complying with respective standards of care.
4.6.2 All consultant(s)/subconsultant(s) are required to provide and where needed foror failure maintain liability insurance as appropriate to perform. g ser herethe services on the Project being provided.
§ 5.7 4.6.3 The Architect is not responsible for errors and omissions of any consultant(s)/subconsultant(s) that Architect does not retain.
4.7 The Owner shall furnish testsprovide, inspections and reports required by law or the Contract at its own expense, structural, mechanical, and chemical air and water pollution tests, tests for air hazardous materials, other laboratory and water pollution, and tests for haz only after the Architect has advised the Owner what testenvironmental tests, inspections, and reports are requir performance required by law and/or the construction agreement.
4.8 The Owner shall provide, at its own expense, all legal, accounting, insurance, and counseling services, as necessary for the Project, including, but not limited to auditing services that the Owner may require to verify the ▇▇▇▇’▇ applications for payment and/or to ascertain how and/or for what purposes the CMAR has used the money paid by or on behalf of the Work Owner.
4.9 Quality Assurance and where the need Quality Control (QA/QC) is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt responsibility. Prompt written notice shall be given by the Owner to the Architect Architect, if the Owner becomes aware of any fault or defect and/or default in the ProjectProject and/or non-conformance with the construction agreement; however, including errors, omissions or inconsistencies in the Owner’s failure and/or omission to do so shall not relieve the Architect of their responsibilities hereunder.
4.10 The proposed language of certificates and/or certifications of the Architect’s Instruments subconsultants requested by the Architect, on behalf of Servicethe Owner, provided nothing in this Agreement shall be construed so as submitted to the Architect for review and approval no less than seven (7) business days prior to execution of and applicable agreement/contract.
4.10.1 The Owner shall not request certificates and/or certifications of said subconsultant(s) that would require knowledge and/or services beyond the Owner to determine the adequacy, accuracy, or sufficiency scope of the design, the Construction Documents, or the Architect’s Servicesthis Agreement.
Appears in 1 contract
Sources: Professional Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the The Owner shall provide full information in a timely manner regarding the requirements for and limitations on the Project, including a written program which shall set forth information regarding the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.3 5.2 The Owner shall identify designate a representative authorized to act communicate with the Architect on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion5.3 As needed, the Owner shall furnish surveys to describe a survey of the Project site describing physical characteristics, legal limitations limitations, and utility locations for the site of the Projectlocations, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rightsright-of-wayways, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited will guarantee full and free access to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised to the Owner what test, inspections, and reports are requir Project premises for the performance of the Work and where the need is not the result of the Architect’s negligenceservices under this Agreement.
§ 5.8 The 5.6 Any pre-construction information, surveys, reports, or tests provided by the Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary be furnished at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 expense. The Owner Architect shall provide prompt written notice to the Owner if the Architect observes or otherwise becomes aware of any fault or defect in the information supplied by the Owner, or any fault or defect in the Project or non- conformance of the work with any such documents or non-conformance of the work with the Contract Documents.
5.7 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Projectproject or nonconformance with the Contract Documents. The Owner’s failure or omission to give such notice shall not relieve the Architect of its responsibilities under this contract and the Owner shall have no duty of observation, including errorsinspection, omissions or inconsistencies investigation.
5.8 Notwithstanding anything to the contrary contained in this Agreement, Owner's review and approval of any and all documents or other matters required herein shall be for the purpose of providing Architect with information as to Owner's objectives and goals with respect to the Project and not for the purpose of determining the accuracy and completeness of such documents, and in no way should any such review and approval alter Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as responsibilities hereunder and with respect to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Servicessuch documents.
Appears in 1 contract
Sources: Architectural Services Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rights.a corresponding
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditin audit reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or become defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing Instrum
§ 5.12 The Owner shall include the Architect in this Agreement shall be construed so as all communications with the Contractor that relate to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or affect the Architect’s Servicesservices or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the 4.1 The Owner shall provide information in a timely manner consult with the Design Professional regarding requirements for and limitations on the Project, including a written program which shall set forth (1) the Owner’s 's objectives, schedule, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expandabilityexpendability, special equipment, systems and site requirements. Architect , as more speci- fically described in Exhibit A .
4.2 The Owner shall establish and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions update an overall budget for the Project as refelected in Article 1 hereof. Within 15 days after receipt Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of a written request from these costs.
4.3 If requested by the ArchitectDesign Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rightsOwner's obligations under this Agreement.
§ 5.3 4.4 The Owner shall identify designate a representative authorized to act on the Owner’s 's behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner or such authorized representative shall render decisions and approve the Architect’s submittals in a timely mannermanner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
§ 5.4 4.5 Where necessary for the Architect’s performance of the Services, in the Architect’s opinionapplicable, the Owner shall furnish surveys to describe describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
§ 5.5 The 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers, which engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity re- sistivity tests, including necessary operations for anticipating subsoil sub-soil conditions, with written reports and appropriate professional recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligenceDocuments.
§ 5.8 4.8 The Owner shall furnish all legal, accounting and insurance and accounting services, including auditin reasonably counseling services as may be necessary at any time for the Project Project, including auditing services the Owner may require to meet verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner’s needs .
4.9 The services, information, surveys and interestsreports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, wand the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
§ 5.9 4.10 The Owner shall provide give prompt written notice to the Architect Design Professional if the Owner becomes aware of any fault or defect in the Project, including errors, omissions Project or inconsistencies in nonconformance with the Architect’s Instruments Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of Service, provided nothing in this Agreement the Design Professional or Design Professional's consultants and shall be construed so as submit such to require the Owner for review and approval at least fourteen (14) days prior to determine execution. The Owner agrees not to request certifications that would require knowledge or services beyond the adequacy, accuracy, or sufficiency scope of the design, the Construction Documents, or the Architect’s ServicesAgreement.
Appears in 1 contract
Sources: Professional Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.3 4.2 The Owner shall identify establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner’s other costs and reasonable contingencies related to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the or such designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner pertaining to documents submitted by the Owner’s Representative in order to avoid unreasonable delay in the order and sequential progress of the Owner’s Representative’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 4.5 The Owner shall furnish the services of geotechnical engineers, which engineers when such services are requested by the Owner’s Representative. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 4.6 The Owner shall furnish the services of Owner’s Representatives other than those designated in Paragraph 4.5 when such services are requested by the Owner’s Representative and are reasonably required by the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencelaw.
§ 5.8 4.8 The Owner shall furnish all legal, accounting and insurance and accounting services, including auditin reasonably services that may be necessary at any time for the Project to meet the Owner’s needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, winformation, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner’s expense, and the Owner’s Representative shall be entitled to rely upon the accuracy and completeness thereof.
§ 5.9 4.10 The Owner shall provide prompt written notice to the Architect Owner’s Representative if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Services.
Appears in 1 contract
Sources: Owner’s Representative Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rightsa corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized authorized, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for To the Architect’s performance of the Services, in the Architect’s opinion, extent available the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but Geotechnical Services are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after being provided through the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project (refer to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s ServicesARTICLE 11.3.2).
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt If the Owner significantly increases or decreases the Owner’s budget for the Cost of a written request from the ArchitectWork, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rights.a corresponding change in
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish furnish, as necessary, surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The As may be necessary for the Project, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. ocum rdous ng ser ents mate vices
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract D structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehaza
§ 5.8 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditin auditi reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing .
§ 5.12 The Owner shall include the Architect in this Agreement shall be construed so as all communications with the Contractor that relate to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or affect the Architect’s Servicesservices or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.
§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this AgreementThe Owner shall, with the Owner shall provide information in a timely manner regarding Architect’s assistance, identify requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints constraints, and criteria, including space requirements and requirements, relationships, flexibility, expandability, special equipment, systems and Project site requirements. Architect .
4.1 The Owner shall establish and Owner acknowledge that update an overall budget for the information provided is subject to changeProject, including, but that not limited to the Basic Services Fees indicated herein take that change into account when they are consistent with construction cost, any other costs of the City’s goals Owner, and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from reasonable contingencies related to all costs.
4.2 If requested by the Architect, the Owner shall furnish provide evidence that financial arrangements have been made to fulfill the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rightsOwner’s obligations under this Agreement.
§ 5.3 4.3 The Owner shall identify a designate an authorized representative authorized to act on the Owner’s behalf with respect to the Project. .
4.3.1 The Owner may change and/or such authorized representative shall render decisions in a timely manner pertaining to any documents submitted by the designated representatives upon written notice Architect to avoid unreasonable delay in the orderly and sequential progress of the Architect; and Owner may modify the scope of authority of the designated representative in like manner. ’s services and/or work.
4.4 The Owner shall render decisions and approve the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Servicesprovide, in the Architect’s opinionat its own expense, the Owner shall furnish surveys to describe describing physical characteristics, legal limitations limitations, and utility locations for the Project site of the Project, and a along with written legal description of the Project site. .
4.4.1 The surveys and legal information shall include, as applicable, : grades and lines of streets, alleys, pavements pavements, and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Project site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
§ 5.5 4.4.2 All the information on the survey shall be referenced to a benchmark of a similar project of size and scope to the Project.
4.5 The Owner shall furnish provide, at its own expense, the services of geotechnical engineersengineering when such services are requested by the Architect.
4.5.1 Such services made include, which may include but are not limited to to: test borings, ; test pits, ; determinations of soil soil-bearing values, ; percolation tests, ; evaluations of hazardous materials, seismic evaluation, ; ground corrosion tests and resistivity resistively tests, including necessary operations for anticipating subsoil conditions, conditions with written reports reports; and appropriate recommendations. Doc ardo ed.
4.6 If requested by the Architect, the Owner shall secure, at its own expense, retain the services of other consultants/subconsultants when such services and/or work are reasonably required by the scope of the Project.
4.6.1 While the Architect shall coordinate its own work with that of any other consultant(s)/subconsultant(s) assigned to the Project, whether retained by the Owner and/or Architect, this coordination shall not absolve and/or release the ▇▇▇▇ and/or other designs from complying with respective standards of care.
4.6.2 All consultant(s)/subconsultant(s) are required to provide and where needed foror failure maintain liability insurance as appropriate to perform. g ser herethe services and/or work on the Project being provided.
§ 5.7 4.6.3 The Architect is not responsible for errors and omissions of any consultant(s)/subconsultant(s) that Architect does not retain.
4.7 The Owner shall furnish testsprovide, inspections and reports required by law or the Contract at its own expense, structural, mechanical, and chemical air and water pollution tests, tests for air hazardous materials, other laboratory and water pollution, and tests for haz only after the Architect has advised the Owner what testenvironmental tests, inspections, and reports are requir performance required by law and/or the construction agreement.
4.8 The Owner shall provide, at its own expense, all legal, accounting, insurance, and counseling services, as necessary for the Project, including, but not limited to auditing services that the Owner may require to verify the ▇▇▇▇’▇ applications for payment and/or to ascertain how and/or for what purposes the CMAR has used the money paid by or on behalf of the Work Owner.
4.9 Quality Assurance and where the need Quality Control (QA/QC) is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt responsibility. Prompt written notice shall be given by the Owner to the Architect Architect, if the Owner becomes aware of
4.10 The proposed language of any fault or defect in the Project, including errors, omissions or inconsistencies in certificates and/or certifications of the Architect’s Instruments subconsultants requested by the Architect, on behalf of Servicethe Owner, provided nothing in this Agreement shall be construed so as submitted to the Architect for review and approval no less than seven (7) business days prior to execution of and applicable agreement/contract.
4.10.1 The Owner shall not request certificates and/or certifications of said subconsultant(s) that would require knowledge and/or services beyond the Owner to determine the adequacy, accuracy, or sufficiency scope of the design, the Construction Documents, or the Architect’s Servicesthis Agreement.
Appears in 1 contract
Sources: Agreement for Professional Architectural Design Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s 's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect .
4.2 The Owner shall establish and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions update an overall budget for the Project as refelected in Article 1 hereof. Within 15 days after receipt Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of a written request from these costs.
4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rightsOwner's obligations under this Agreement.
§ 5.3 4.4 The Owner shall identify designate a representative authorized to act on the Owner’s 's behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner or such authorized representative shall render decisions and approve the Architect’s submittals in a timely mannermanner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the 4.5 The Owner shall furnish surveys to describe describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; , rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
§ 5.5 4.6 The Owner shall furnish the services of geotechnical engineers, which engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate professional recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonable required by the scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligenceDocuments.
§ 5.8 4.7.1 See Article
4.8 The Owner shall furnish all legal, accounting and insurance and accounting services, including auditin reasonably counseling services as may be necessary at any time for the Project Project, including auditing services the Owner may require to meet verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner’s needs .
4.9 The services, information, surveys and interestsreports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, wand the Architect shall be entitled to rely upon the accuracy and completeness thereof.
§ 5.9 The Owner shall provide prompt 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions Project or inconsistencies in nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications requested of the Architect or Architect’s Instruments of Service, provided nothing in this Agreement 's consultants shall be construed so as submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the Owner to determine the adequacy, accuracy, or sufficiency scope of the design, the Construction Documents, or the Architect’s ServicesAgreement.
Appears in 1 contract
Sources: Architect Services Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this AgreementThe Owner shall, with the Owner shall provide information in a timely manner regarding Architect’s assistance, identify requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints constraints, and criteria, including space requirements and requirements, relationships, flexibility, expandability, special equipment, systems systems, and Project site requirements. Architect .
4.1 The Owner shall establish and Owner acknowledge that update an overall budget for the information provided is subject to changeProject, including, but that not limited to the Basic Services Fees indicated herein take that change into account when they are consistent with construction cost, any other costs of the City’s goals Owner, and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from reasonable contingencies related to all costs.
4.2 If requested by the Architect, the Owner shall furnish provide evidence that financial arrangements have been made to fulfill the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rightsOwner’s obligations under this Agreement.
§ 5.3 4.3 The Owner shall identify a designate an authorized representative authorized to act on the Owner’s behalf with respect to the Project. .
4.3.1 The Owner may change and/or such authorized representative shall render decisions in a timely manner pertaining to any documents submitted by the designated representatives upon written notice Architect to avoid unreasonable delay in the orderly and sequential progress of the Architect; and Owner may modify the scope of authority of the designated representative in like manner. ’s services .
4.4 The Owner shall render decisions and approve the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Servicesprovide, in the Architect’s opinionat their own expense, the Owner shall furnish surveys to describe describing physical characteristics, legal limitations limitations, and utility locations for the Project site of the Project, and along with a written legal description of the Project site. .
4.4.1 The surveys and legal information shall include, as applicable, : grades and lines of streets, alleys, pavements pavements, and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Project site; locations, dimensions and necessary data with respect pertaining to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.
§ 5.5 4.4.2 All the information on the survey shall be referenced to a benchmark of a similar project of size and scope to the Project.
4.5 The Owner shall furnish provide, at its own expense, the services of geotechnical engineers, which may engineering when such services are requested by the Architect.
4.5.1 Such services made include but are not limited to to: test borings, ; test pits, ; determinations of soil soil-bearing values, ; percolation tests, ; evaluations of hazardous materials, seismic evaluation, ; ground corrosion tests and resistivity resistively tests, including necessary operations for anticipating subsoil conditions, conditions with written reports reports; and appropriate recommendations. Doc ardo ed.
4.6 If requested by the Architect, the Owner shall secure, at its own expense, retain the services of other consultants/subconsultants when such services are reasonably required by the scope of the Project.
4.6.1 While the Architect shall coordinate its own work with that of any other consultant(s)/subconsultant(s) assigned to the Project, whether retained by the Owner and/or Architect, this coordination shall not absolve and/or release the ▇▇▇▇ and/or other designs from complying with respective standards of care.
4.6.2 All consultant(s)/subconsultant(s) are required to provide and where needed foror failure maintain liability insurance as appropriate to perform. g ser herethe services on the Project being provided.
§ 5.7 4.6.3 The Architect is not responsible for errors and omissions of any consultant(s)/subconsultant(s) that Architect does not retain.
4.7 The Owner shall furnish testsprovide, inspections and reports required by law or the Contract at its own expense, structural, mechanical, and chemical air and water pollution tests, tests for air hazardous materials, other laboratory and water pollution, and tests for haz only after the Architect has advised the Owner what testenvironmental tests, inspections, and reports are requir performance required by law and/or the construction agreement.
4.8 The Owner shall provide, at its own expense, all legal, accounting, insurance, and counseling services, as necessary for the Project, including, but not limited to auditing services that the Owner may require to verify the ▇▇▇▇’▇ applications for payment and/or to ascertain how and/or for what purposes the CMAR has used the money paid by or on behalf of the Work Owner.
4.9 Quality Assurance and where the need Quality Control (QA/QC) is not the result of the Architect’s negligence
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt responsibility. Prompt written notice shall be given by the Owner to the Architect Architect, if the Owner becomes aware of any fault or defect and/or default in the ProjectProject and/or non-conformance with the construction agreement; however, including errors, omissions or inconsistencies in the Owner’s failure and/or omission to do so shall not relieve the Architect of their responsibilities hereunder.
4.10 The proposed language of certificates and/or certifications of the Architect’s Instruments subconsultants requested by the Architect, on behalf of Servicethe Owner, provided nothing in this Agreement shall be construed so as submitted to the Architect for review and approval no less than seven (7) business days prior to execution of and applicable agreement/contract.
4.10.1 The Owner shall not request certificates and/or certifications of said subconsultant(s) that would require knowledge and/or services beyond the Owner to determine the adequacy, accuracy, or sufficiency scope of the design, the Construction Documents, or the Architect’s Servicesthis Agreement.
Appears in 1 contract
Sources: Professional Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.3 4.2 The Owner shall identify establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner’s other costs and reasonable contingencies related to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the or such designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner pertaining to documents submitted by the Owner’s Representative in order to avoid unreasonable delay in the order and sequential progress of the Owner’s Representative’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths.both
§ 5.5 4.5 The Owner shall furnish the services of geotechnical engineers, which engineers when such services are requested by the Owner’s Representative. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 4.6 The Owner shall furnish the services of Owner’s Representatives other than those designated in Paragraph 4.5 when such services are requested by the Owner’s Representative and are reasonably required by the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencelaw.
§ 5.8 4.8 The Owner shall furnish all legal, accounting and insurance and accounting services, including auditin reasonably services that may be necessary at any time for the Project to meet the Owner’s needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, winformation, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner’s expense, and the Owner’s Representative shall be entitled to rely upon the accuracy and completeness thereof.
§ 5.9 4.10 The Owner shall provide prompt written notice to the Architect Owner’s Representative if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing in this Agreement shall be construed so as to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or the Architect’s Services.
Appears in 1 contract
Sources: Owner’s Representative Agreement
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner informa regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectivesprogram, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems systems, and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of Withi a written request from the ArchitectConstruction Manager, the Owner shall furnish the requested information as necessary info and relevant for the Architect Construction Manager to evaluate, give notice of of, or enforce lien rightsany bond
§ 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, ▇▇▇▇▇ (1) the budget
§ 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track sch
§ 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, as negotiated and signed by Owner and Architect. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement.
§ 5.3 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve pertaining to documents the Architect’s submittals Construction Manager submits in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager’s services.
§ 5.4 Where necessary for 5.6 Unless provided by the Architect’s performance of the Services, in the Architect’s opinionConstruction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo ed, and where needed foror failure to perform. g ser here.
§ 5.7 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner may furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. If the Owner decides not to retain consultants to provide those services, the Construction Manager is not responsible for consequences of not providing those services. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 5.11 The Owner and Construction Manager shall provide prompt written notice to the Architect if the Owner each ot either of them becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of ServiceService or any fault or defect in either of their obligations.
§ 5.12 The Owner reserves the right to perform construction and operations related to the Pr own forces, and to award contracts in connection with the Project which are not part of the responsibilities under this Agreement. The Construction Manager shall notify the Owner if action will interfere with the Construction Manager’s ability to perform the Construction M
§ 5.13 Except as otherwise provided nothing in this Agreement shall be construed so as to require Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to determine communicate with the adequacyContractor and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager’s services. § 5.14 Before executing the Contract for Construction, accuracy, or sufficiency the Owner shall coordinate the Construction Manager’s duties and responsibilities set forth in the Contract for Construction with the Construction Manager’s services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the designexecuted agreements between the Owner and Contractors, including the Construction Documents, or General Conditions of the Architect’s ServicesContracts for Construction.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Adviser
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from request
§ 5.2 The Owner shall establish and periodically update the ArchitectOwner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall furnish notify the requested information as necessary Architect. The Owner and relevant for the Architect shall thereafter agree to evaluate, give notice of or enforce lien rightsa corresponding change in the Project’s scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Doc ardo edUpon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to performfurnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. g ser hereThe Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, .
§ 5.10 Except as otherwise provided nothing in this Agreement shall be construed so as to require Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to determine communicate with the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or CM/GC Contractor and the Architect’s Servicesconsultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services.
§ 5.11 The Owner shall provide the Architect a copy of the executed agreement between the Owner and CM/GC Contractor, including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the CM/GC Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § §5.1 Unless otherwise provided for under this Agreement, the Owner directly or through its Program Manager shall provide information in a timely manner regarding requirements for and limitations on the ProjectProjects, including including, as may be appropriate, a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions for the Project as refelected in Article 1 hereof. Within 15 days thirty (30) after receipt of a written request from the ArchitectEngineer, the Owner shall furnish the requested information as necessary and relevant for the Architect Engineer to evaluate, give notice of or enforce lien rights.
§ §5.2 The Owner shall establish and periodically update the Owner’s budget for the Projects, including
(1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Engineer. The Owner and the Engineer shall thereafter agree to a corresponding change in the Project(s) scope and quality.
§5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like mannerProjects. The Owner shall render decisions and approve the ArchitectEngineer’s submittals in a timely mannermanner in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer’s services.
§ §5.4 Where necessary The Owner may deliver if required for the Architect’s performance design of the Services, in the Architect’s opinion, the Owner shall furnish Projects surveys to describe physical characteristicscharacteristic, legal limitations and utility locations for the site of the ProjectProjects, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-ofrights0of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, or other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ §5.5 The Owner shall furnish furnish, unless otherwise specified as Engineer’s obligation in this Agreement, services of geotechnical engineers, if required by the Project(s), which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§5.6 The Owner/Program Manager shall coordinate the services of its own consultants with those services provided by the Engineer. Doc ardo edUpon the Engineer’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and where needed foror failure the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Engineer to performfurnish them as an Additional Service, when the Engineer requests such services and demonstrates that they are reasonably required by the scope of the Projects. g ser hereThe Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ §5.7 The Owner shall furnish tests, inspections and reports required by law or unless otherwise provided as the Contract structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the ArchitectEngineer’s negligenceobligation.
§ §5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project Projects to meet the Owner’s needs and interests, w.
§ §5.9 The Owner shall provide prompt written notice to the Architect Engineer if the Owner becomes aware of any fault or defect in the ProjectProjects, including errors, omissions or inconsistencies in the ArchitectEngineer’s Instruments of Service, .
§5.10 Except as otherwise provided nothing in this Agreement shall be construed so as to require Agreement, or when direct communications have been specifically authorized, the Owner or its Program Manager shall endeavor to determine communicate with the adequacyContractor and the Engineer’s consultants through the Engineer about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Engineer of any direct communications that may affect the Engineer’s services.
§5.11 Before executing the Contract for Construction, accuracy, or sufficiency the Owner shall coordinate the Engineer’s duties and responsibilities set forth in the Contract for Construction with the Engineer’s services set forth in this Agreement. The Owner shall provide the Engineer a copy of the designexecuted agreement between the Owner and Contractor, including the Construction Documents, General Conditions of the Contract for Construction.
§5.12 The Owner shall provide the Engineer access to the Projects site prior to commencement of the Work and shall obligate the Contractor to provide the Engineer access to the Work wherever it is in preparation or the Architect’s Servicesprogress.
Appears in 1 contract
Sources: Agreement for Engineering Services
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided The Owner shall furnish surveys as described in Sections 5.4 and 5.5 and other information prepared by third parties for under this Agreementthe Project to the extent the Owner deems necessary for the performance of the Architect’s services. In addition, the Owner shall may provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth Architect access to the Owner’s objectivesrecords, schedulewhich may contain information about the site and adjacent land improvements that was not collected specifically for the Project. The Owner makes no representations as to the relevance, constraints accuracy or completeness of information made available to the Architect from the Owner’s records. The Architect shall not rely on such information without independently confirming that, in the Architect’s professional judgment and criteriasubject to the duty of care contained in Section 2.2, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Architect and Owner acknowledge that the information provided is subject to change, but that reliable.
§ 5.2 The Owner shall maintain the Basic Services Fees indicated herein take that change into account when they are consistent with the City’s goals and visions budget for the Project as refelected in Article 1 hereof. Within 15 days after receipt of a written request from and may consult with the Architect, Architect regarding the Owner shall furnish need to increase or decrease the requested information as necessary and relevant Owner’s budget for the Architect to evaluate, give notice Cost of or enforce lien rightsthe Work as defined in Section 6.1.
§ 5.3 The Owner shall identify a representative Owner’s Designated Project Manager authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives The Architect shall not take direction from or act upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. requests for modifications or changes in
§ 5.4 The Owner shall render decisions and approve shall, upon the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for reasonable request, and to the Architect’s performance of the Servicesextent listed characteristics can be determined, in the Architect’s opinion, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark(s).
§ 5.5 The Owner shall shall, upon the Architect’s reasonable written request and the Owner’s determination that the Architect needs the requested services, furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall, subject to Section 3.1.2, coordinate the services of its own consultants with those services provided by the Architect. Doc ardo edThe Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and where needed foror failure to perform. g ser heredemonstrates that they are reasonably required by the scope of the Project.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the hazardous materials. The Architect has advised shall advise the Owner what test, inspections, and reports are requir performance of the Work requirements of such tests and where shall consult with the need is not the result of the Architect’s negligenceOwner in selecting and ordering services from consultants who provide such tests, inspections and reports.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditin reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the documents provided to the Architect by the Owner or in any of the Architect’s Instruments of Service, provided nothing in this Agreement that the Owner shall not become responsible for, and the Architect shall not be construed so as to require released from, liability for such faults for defects by reason of any failure of the Owner to determine the adequacydiscover or report any such faults for defects.
§ 5.9 Except, accuracyas otherwise provided in this Agreement, or sufficiency when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the design, Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. The Architect shall promptly provide the Owner with copies of any direct communications with the Contractor regarding any performance by the Contractor under the Construction Documents, including but not limited to requests for information and change order proposals that may affect the design or cost of the Project or may require approval or other actions by the Owner.
§ 5.10 If requested by the Architect’s Services, the Owner may provide the Architect a copy of the executed agreement between the Owner and Contractor.
§ 5.11 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.12 Whenever this Agreement, the AIA Document A201-2017 or any other Construction Document refers to the knowledge of the Owner, facts known to the Owner, or documents or information in the possession of the Owner, such references shall be limited to matters actually known by or items actually in the possession of the Owner.
§ 6.1 For
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
OWNER’S RESPONSIBILITIES. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program program, which shall set forth the Owner’s objectives, ; schedule, ; constraints and criteria, including space requirements and relationships, ; flexibility, ; expandability, ; special equipment, systems ; systems; and site requirements.
§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. Architect and The Owner acknowledge that shall update the information provided is subject to change, but that the Basic Services Fees indicated herein take that change into account when they are consistent with the CityOwner’s goals and visions budget for the Project as refelected in Article 1 hereofnecessary throughout the duration of the Project until final completion. Within 15 days after receipt of a written request from the Architect, If the Owner shall furnish significantly increases or decreases the requested information as necessary and relevant Owner’s budget for the Architect to evaluate, give notice Cost of or enforce lien rights.the
§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. Owner may change the designated representatives upon written notice to the Architect; and Owner may modify the scope of authority of the designated representative in like manner. The Owner shall render decisions and approve the Architect’s submittals in a timely manner.
§ 5.4 Where necessary for the Architect’s performance of the Services, in the Architect’s opinion, the The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions dimensions, and other necessary data with respect to existing buildings, other improvements, overall dimensions, improvements and significant landscape features, including trees of three inches (3") or greater calipertrees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Doc ardo edThe Architect shall assist the Owner in ascertaining the information necessary relative to all geotechnical services and shall, on behalf of the Owner, solicit quotations for such work. The Architect shall review quotations received and where needed foror failure forward them to perform. g ser herethe Owner with recommendations.
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for haz only after the Architect has advised the Owner what test, inspections, and reports are requir performance of the Work and where the need is not the result of the Architect’s negligencehazardous materials.
§ 5.8 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditin auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, w.
§ 5.9 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, provided nothing .
§ 5.12 The Owner shall include the Architect in this Agreement shall be construed so as all communications with the Contractor that relate to require the Owner to determine the adequacy, accuracy, or sufficiency of the design, the Construction Documents, or affect the Architect’s Servicesservices or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect