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J. C. Milne Mausoleum Building at Hillside Memorial Park
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32A-70
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Contracts & Agreements_32A-1970
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9/30/2019 9:09:46 AM
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7/30/2019 11:40:47 AM
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Contracts & Agreements
Subject
Independent Contractor Agreement
Details
J. C. Milne Mausoleum Building at Hillside Memorial Park
Date
12/21/1970
Document Number
32A-1970
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT <br />ARTICLE 1 <br />ARCHITECT'S SERVICES <br />1.1 BASIC SERVICES <br />The Architect's Basic Services consist of the five <br />phases described below and include normal struc- <br />tural, mechanical and electrical engineering services. <br />SCHEMATIC DESIGN PHASE <br />1.1.1 The Architect shall consult with the Owner to as- <br />certain the requirements of the Project and shall confirm <br />such requirements to the Owner. <br />1.1.2 The Architect shall prepare Schematic Design <br />Studies consisting of drawings and other documents illus- <br />trating the scale and relationship of Project components <br />for approval by the Owner. <br />1.1.3 The Architect shall submit to the Owner a State- <br />ment of Probable Construction Cost based on current <br />area, volume or other unit costs. <br />DESIGN DEVELOPMENT PHASE <br />1.1.4 The Architect shall prepare from the approved <br />Schematic Design Studies, for approval by the Owner, the <br />Design Development Documents consisting of drawings <br />and other documents to fix and describe the size and <br />character of the entire Project as to structural, mechani- <br />cal and electrical systems, materials and such other essen- <br />tials as may be appropriate. <br />1.1.5 The Architect shall submit to the Owner a further <br />Statement of Probable Construction Cost. <br />CONSTRUCTION DOCUMENTS PHASE <br />1.1.6 The Architect shall prepare from the approved De- <br />sign Development Documents, for approval by the Own- <br />er, Working Drawings and Specifications setting forth in <br />detail the requirements for the construction of the entire <br />Project including the necessary bidding information, and <br />shall assist in the preparation of bidding forms, the Con- <br />ditions of the Contract, and the form of Agreement be- <br />tween the Owner and the Contractor. <br />1.1.7 The Architect shall advise the Owner of any ad- <br />justments to previous Statements of Probable Construction <br />Cost indicated by changes in requirements or general <br />market conditions. <br />1.1.8 The Architect shall assist the Owner in filing the <br />required documents for the approval of governmental <br />authorities having jurisdiction over the Project. <br />BIDDING OR NEGOTIATION PHASE <br />1.1.9 The Architect, following the Owner's approval of <br />the Construction Documents and of the latest Statement <br />of Probable Construction Cost, shall assist the Owner in <br />obtaining bids or negotiated proposals, and in awarding <br />and preparing construction contracts. <br />CONSTRUCTION PHASE -ADMINISTRATION <br />OF THE CONSTRUCTION CONTRACT <br />1.1.10 The Construction Phase will commence with the <br />award of the Construction Contract and will terminate <br />when final payment is made by the Owner to the Con- <br />tractor. <br />1.1.11 The Architect shall provide Administration of the <br />Construction Contract as set forth in Articles 1 through 14 <br />inclusive of the latest edition of AIA Document A201, Gen- <br />eral Conditions of the Contract for Construction, and the <br />extent of his duties and responsibilities and the limitations <br />of his authority as assigned thereunder shall not be modi- <br />fied without his written consent. <br />1.1.12 The Architect, as the representative of the Owner <br />during the Construction Phase, shall advise and consult <br />with the Owner and all of the Owner's instructions to the <br />Contractor shall be issued through the Architect. The <br />Architect shall have authority to act on behalf of the <br />Owner to the extent provided in the General Conditions <br />unless otherwise modified in writing. <br />1.1.13 The Architect shall at a][ times have access to <br />the Work wherever it is in preparation or progress. <br />1.1.14 The Architect shall make periodic visits to the <br />site to familiarize himself generally with the progress and <br />quality of the Work and to determine in general if the <br />Work is proceeding in accordance with the Contract Doc- <br />uments. On the basis of his on -site observations as an <br />architect, he shall endeavor to guard the Owner against <br />defects and deficiencies in the Work of the Contractor. <br />The Architect shall not be required to make exhaustive <br />or continuous on -site inspections to check the quality or <br />quantity of the Work. The Architect shall not be respon- <br />sible for construction means, methods, techniques, se- <br />quences or procedures, or for safety precautions and <br />programs in connection with the Work, and he shall not <br />be responsible for the Contractor's failure to carry out the <br />Work in accordance with the Contract Documents. <br />1.1.15 Based on such observations at the site and on the <br />Contractor's Applications for Payment, the Architect shall <br />determine the amount owing to the Contractor and shall <br />issue Certificates for Payment in such amounts. The is- <br />suance of a Certificate for Payment shall constitute a rep- <br />resentation by the Architect to the Owner, based on the <br />Architect's observations at the site as provided in Sub- <br />paragraph 1.1.14 and on the data comprising the Appli- <br />cation for Payment, that the Work has progressed to the <br />point indicated; that to the best of the Architect's knowl- <br />edge, information and belief, the quality of the Work is <br />in accordance with the Contract Documents (subject to <br />an evaluation of the Work as a functioning whole upon <br />Substantial Completion, to the results of any subsequent <br />tests required by the Contract Documents, to minor <br />AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® <br />01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 <br />
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