Contracts & Agreements_10-1963 - Laserfiche WebLink

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/ GENERAL ADMINISTRATION a) The Architect shall check and approve samples, schedules, shop drawings and other submissions only for conformance with the design concept of the Project and for compliance with the information given by the Con- tract Documents, prepare change orders and assemble written guarantees required of the Contractors. b) The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work and he will not be responsible for the Contractors' failure to carry out the construction work in accordance with the Contract Documents. Dur- ing such visits and on the basis of his observations while at the site, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contrac- tors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a representation to the Owner, based on such observations and the data comprising the Application for Payment, that the work has progressed to the point indicated. By issuing a Certificate for Pay- ment, the Architect will also represent to the Owner that, to the best of his knowledge, information and be- lief, based on what his observations have revealed, the quality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final completion and issue a final Certificate for Payment. c) If more extensive representation at the site is re- quired, the conditions under which such representation shall be furnished and a Project Representative selected, employed and directed, shall be agreed to by the Owner and the Architect and set forth in an exhibit to this Agreement. S PRELIMINARY ESTIMATES When requested to do so the Architect will furnish pre- liminary estimates on the cost of the Project, but he does not guarantee such estimates. 9 CONSTRUCTION COST OF THE PROJECT The construction cost of the Project, as herein referred to, means the cost to the Owner, but such cost shall not include any Architect's or special consultants' fees or reimbursements or the cost of a Project Inspector. When Iabor or material is furnished by the Owner below its market cost, the cost of the work shall be com- puted upon such market cost. 10 74AiBC7471EQtbi�i>e�6 I SUCCESSORS AND ASSIGNS The Owner and the Architect, each binds himself, his partners, successors, legal representatives, and assigns to the other party to this Agreement, and to the part- ners, successors, legal representatives and assigns of such other party in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agree- ment without written consent of the other. 12 ARBITRATION Arbitration of all questions in dispute under this Agree- ment shall be at the choice of either party and shall be in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects. This Agreement shall be specifically enforceable under the prevailing arbitra- tion law and judgment upon the award rendered may be entered in the court of the forum, state or federal, hav- ing jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of any legal action. 13. The Architect will provide fifteen (15) sets of Plans and Specifications for biddin and construction purposes. Additional sets, if needed, will be paid for by the Owner. 14. Drawing, and specifications shall be the property of the City of Redlands. (Replaces Condition CIO.) IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. CITY F Z;D ANDS Owner Ty I AIUI NkCRR