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RES 88536
City of Pleasanton
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CITY CLERK
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RES 88536
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6/8/2012 2:39:34 PM
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11/30/1999 11:17:46 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
11/15/1988
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2~-15 The .~chitect shall interpret and decide matters con- 3.2.3 Through the observations by such Proicct Repre~n- <br />cermng performance of the Owner and Contractor under the tatires, the Architect shall endeavor to provide further protec- <br />reqturements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work. <br />eaher the Owner or COntractor. The .M'chitect's response to but the furnishing of such prolect representanon shall not <br />such requests shall be made with reasonable promptness and modify. the rights, responsibilities or obligations of the Architect <br />wm"dn any tune timits agreed upon. as described elsewhere in this Agreement. <br /> <br />a.6.16 Interpretations and decisions of the Architect shall be <br />cortslstent with the intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICE8 <br />Contract Documents and shall be in writing or m the form of 3,3,1 Making revts~ons m Drawings, Specifications or other <br />drawings. When making such interpretations and initial deci- documents when such revisions are: <br />SaOCLS, the Architect shall endeavor to secure faithfijl perfor- <br />m by both Owner and Contractor, shall not show partiality ,1 inconsistent with approvals or instructions previously <br />to e~thcr, and shall not be liable for results of interpretauons or given by the Owner. including revisions made neces- <br />decisions so rendered in good faith. sary. by adjustments in the Owner's program or Proi- <br /> ect budgct; <br />2.6.17 The Architect's decisions on matters relating to aesthe- <br />tic effect shall be final if consistent with the intent expressed in ,2 reqtured bv the enactment or revision of codes, laws <br />the Contract Documents. or regulations subsequent to the preparation t)f such <br /> documents: or <br />2.6.18 The Architect shall render written deciskms w'ithin a <br />reasonable ttrne on all claims. disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- <br />uon between the Owner and Contractor relating to the execu- ure to render decisions m a timely manner. <br />tK~'t or progress of the Work as provided in the Contract <br />Documents. 3.3,2 Prt~viding sen-ices required because of significant <br />2.6-19 The Architect's decisions on clah'ns, disputes or other changes tn the Project including, but not limited to, size. qual- <br /> ity. complexity. the Owner's ~'hedule. or the method of bid- <br />matters. including those in question between the Owner and du'tg or negotiating and contracting for construction. except for <br />Contractor. except lbr those relating to aesthetic effect as pro- services required under Subparagraph ~.2.'~. <br />%idcd in Subparagraph 2.6.1 '. shall be subject to arbitration as <br />provided ill this Agreement and in the Contract Documents. 3,3,3 Preparing Drawings, Specifications and other documen- <br /> tation and supporting dam. evaluating Contractor's proposai:i. <br /> and providing other services in connection with Change <br /> JJtllCLE 3 Orders and Con~trucuon Change Directires, <br /> ADDITIONAL SERVICES 3,3,4 Providing 5cryices in connection with evaluating substi- <br /> tutions proposed by the Contractor and making subsequent <br />3.1 GENERAL revisions to Drawings, Spcci~caUons and other documentation <br /> resulting therefrom. <br />3.1,1 The services described in this Article 3 arc not included <br />in Basic Services unless so identified in Article 12. and they shall 3.3,8 Providing consultation concerning replacement of Work <br />be paid for by the Owner as provided in this Agreement. in damaged by fire or other cattse during construction. and fur- <br />addition to the compensation tbr Basic Services. The services nishing services required in connection with the replacement <br />described under Paragraphs 3.2 and 3-4 shall only be provided of such Work. <br />if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessat).' by the default of the <br />described under Contingent Additional Sen, ices in Paragraph Contractor. by major dclr~-cts or deficiencies in the Work of the <br />3 3 are required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or <br />cocttrol. the Architect shall notih,. the Owner prior to com- Contractor under the Contract lbr Construction. <br />rne~cing such services. If the Owner deems that such services <br />__,'lfi,,sa'i_'bcd under Paragraph 3.3 arc not required. the Owner 3,3,7 Providing servK.-'es in evaluating an extensive ntu'nber of <br />shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection <br />indicates m writing that all or part of such Contingent Addi- with the Work. <br />riohal Sen'ices arc not required. the Archirect shall have no obli- 3.3.8 Providing services in connection with a public hearing, <br />gatjon to provide those services. arbitration prtx:ceding or legal proceeding except where the <br />3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. <br /> SERVICES 3.3.9 Preparing documents for alternate. separate or sequential <br />3.2..1 If more extensive representation at the site than is bids or providing sen. ices in connection with bidding. negotia- <br />described in Subparagraph 2.6.$ is required. the Architect shall finn or construction prior to the completion of the Construc- <br />provide one or more Project Representatives to assist in carry- uon Documents Phase. <br />ing out such additional on-site responsibilities. <br /> 3.4 OPTIONAL ADDITIONAL SERVICES <br />3 ?? Prt~iect Representatives shall be selected. employed and <br />directed by the Architect. and the Architect shall be cornpen- 3.4,1 Providing analyses of the Owner s needs and prograrn- <br />.salt-d therefor as agreed bv the Owner and Architect. The mmg the reqturements of the Project. <br />duties. responsibilities and limitations of authority of Project 3,4.2 Providing financial feasibfiitv or other special studies. <br />Representatives shall be as described in the edition of AIA ' <br />Document B552 current as of the date of this Agreement. unless 3.4,3 Providing p'lanning sun'eVs. site evaluauons or cam- <br />txhcrwtse agreccl. paxativc studies of prospectn'e sites. <br /> <br />A/A I)OCUMENT ~1.11 , Ox~/NER-ARCHrI~CT AG~ENT, FOURTE. I/qTH EDITION · AIAe * ©191f7 <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 17~5 NEIe YORK AVENL~, N.W., WASHINGTON. D.C. 20006 B141 *1987 4 <br /> <br /> <br />
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