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RES 88109
City of Pleasanton
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RES 88109
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5/22/2012 2:48:05 PM
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12/4/1999 12:15:36 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/15/1988
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2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- <br />cemmg performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- <br />requirements of the Contract Documents on written request o f tion for the Owner agmnst defects and deficiencies in the Work, <br />either the Owner or Contractor. The Architect *s response to but the furnishing of such project representation shall not <br />such requests shall be made with reasonable promptness and modify. the rights, responsibilities or obligations of the Architect <br />within any tune limits agreed upon. as described elsewhere in this Agreement. <br /> <br />2.6.16 Interpretations and decisions of the Architect shall be <br />consistent with the intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES <br />Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other <br />drawings. When making such interpretations and initial deci- documents when such revisions are: <br />sions, the Architect shall endeavor to secure faithful perfor- <br />mance by both Owner and Contractor, shall not show partiality .1 inconsistent with approvals or instructions previously <br />to either, and shall not be liable for results of interpretations 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 Proj- <br /> ect budget; <br />2.6.17 The Architect's decisions on matters relating to aesthe- <br />tic effect shall be final if conslstent with the intent expressed in .2 required by the enactment or revision of codes, laws <br />the Contract Documents. or regulations subsequent to the preparation of such <br /> documents: or <br />2.6.16 The Architect shall render written decisions within a <br />reasonable time on all claims. disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- <br />tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. <br />tion or progress of the Work as provided in the Contract <br />Documents. 3.3.2 Providing services required because of significant <br /> changes tn the Project including, but not limited to, size. qual- <br />2.6.19 The Architect's decisions on claims, disputes or other ity. complexity. the Owner's schedule. or the method of bid- <br />matters. including those in question between the Owner and ding or negotiating and contracting for construction, except tbr <br />Contractor. except tbr those relating to aesthetic effect as pro- services required under Subparagraph $.2.~. <br />vided in Subparagraph 2.6.1 ~. shall be subiect to arbitration as <br />provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- <br /> tation and supporting data, evaluating Contractor's proposals, <br /> and providing other services in connection with Change <br /> ARTICLE 3 Orders and Construction Change Directives. <br /> ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- <br /> tutions proposed by the Contractor and making subsequent <br /> revisions to Drawings, Specifications and other documentation <br />3.1 GENERAL resulting therefrom. <br />3.1.1 The services described in this Article 3 are not included <br />in Basic Sen'ices unless so identified in Article 12, and they shall 3.3.5 Providing consultation concerning replacement of Work <br />be paid for bv the Owner as provided in this Agreement. in damaged bv fire or other cause during construction, and fur- <br />addition to the compensation for Basic Services. The services nishing services required in connection with the replacement <br />described under Paragraphs ~ 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 necessary by the default of the <br />described under Contingent Additional Services in Paragraph Contractor. by major detects or deficiencies in the Work of the <br />3.3 are required due to circumstances beyond the Architect's Contractor, or by failure of pertbrmance of either the Owner or <br />control, the Architect shall notify the Owner prior to corn- Contractor under the Contract tbr Construction. <br />mencing such services. If the Owner deems that such ser%'ices <br />described under Paragraph ~ 3 are not required. the Owner 3.3.7 Providing services in evaluating an extensive number of <br />shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection <br />indicates in writing that all or part of such Contingent Addi- with the Work. <br />tipnat Sen'ices are not required, the Architect shall have no phil- 3.3.8 Providing services in connection with a public hearing, <br />gation to provide those sen'ices. arbitration proceeding or legal proceeding except where the <br /> <br />3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. <br /> SERVICES 3.3.9 Preparing documents for ahemate. separate or sequential <br /> bids or providing sen'ices in connection with bidding, negotia- <br />3.2.1 if more extensive representation at the site than is <br /> tion or construction prior to the completion of the Construe- <br />described in Subparagraph 2.6.5 is required, the Architect shall <br /> tion Documents Phase. <br />provide one or more Project Representatives to assist in carry- <br />ing out such additional on-site responsibilities. <br /> 3.4 OPTIONAL ADDITIONAL SERVICES <br />3.2.2 Project Representatives shall be selected, employed and <br />directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owners needs and program- <br />sated therefor as agreed by the Owner and Architect. The ruing the requirements of the Project. <br />duties. responsibilities and limitations of authority of Proiect 3.4.2 Providing financial feasibility or other special studies. <br />Representatives shall be as described in the edition of AtA <br />Document B3'32 current as of the date of this Agreement. unless 3.4.3 Providing planning surve~.'s. site evaluations or com- <br />otherwLse agreed. parative studies of prospective sites. <br /> <br />AIA DOCUME[Cr ~141 ® OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · © 1987 <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W,, WASHINGTON, D.C. 20006 B141-1987 4 <br /> <br /> T <br /> <br /> <br />
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