RES 83386 - Laserfiche WebLink

liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents, and will have authority to require special inspection or testing of the Work whenever, in the Architect's reasonable opin- ion, it is necessary or advisable for the implelnentation of the intent of the Contract Documents. 1.4.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Produ~:t Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.4.12 The Architect shall prepare Change Orders for the Owner's approval and execution, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. 1.4.13 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, and shall issue a final Certificate for Payment. 1.4.14 The extent of the duties, responsibilities and limita- tions of authority of the Architect as the Owner's repre- sentative during construction shall not be modified or ex- tended without written consent of the Owner, the Con- tractor and the Architect. 1.5 ADDITIONAL SERVICES 1.5.1 Additional Services shatl be provided if authorized or confirmed in writing by the Owner or if included in Article 10, and they shall be paid for by the Owner as provided in this Agreement. 1.5.2 If the Owner and the Architect agree that more extensive representation at the site than is described in Paragraph 1.4 shall be provided, such additional project representation shall be provided and paid for as set forth in Article 10. 1.6 TIME 1.6.1 The-Architect shall perform services as expediti- ously as is consistent with professional skill and care and the orderly progress of the Work. ARTICLE 2 THE OWNER'S RESPONSIBILITIES The following services and responsibilities, and any others so indicated in Article 10, shall be un- dertaken by the Owner. 2.1 The Owner shall provide full information including a program, which shall set ferth the Owner's design objectives, constraints and criteria. 2.2 The Owner shall furnish a legal description and a certified land survey of the site and the services of soil engineers or other consultants when such services are deemed necessary by the Architect. 2.3 The Owner shall fur~[sh structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractors Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by the Owner. 2.5 The services, information, surveys and reports re- quired by Paragraphs 2.2 through 2.4 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 If the Owner observes or otherwise becomes aware of any fault or defect in the Proiect or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.7 The Owner shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's serv- ices and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current mar- ket rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or specially provided for by the Archi- tect. 3.1.3 Construction Cost does not include the compensa- tion of the Architect and the Architecrs consultants~ the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or nego- tiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any Statement of Probable Con- struction Cost or other cost estimate or evaluation pre- pared by the Architect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and tl, pes of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Doc- uments Alternate Bids to adiust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in