2002-075-RES APPROVE/AUTHORIZE EXECUTION OF AGREEMENT WITH BRINKLEY-SARGENT ARCHITECTS FOR CONVERSION OF UARCO BUILDING

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will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents. whether or not such Work is fabricated. installed or completed. However. neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor. Subcontractors. mateHal and equipment suppliers. their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner. based on the Architect's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief. the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections. (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods. techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner. Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods. techniques. sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 If professional design services or certifications by a design professional related to systems. materials or equipment are specifically required of the Contractor by the Contract Documents. the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy. accuracy and completeness of the services. certifications or approvals performed by such design professionals. () 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, () 1997 by The Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b141 -- 5/22/2002. AlA License Number 1121922, which expires on 10131/2002. 18 ..-,# This document has important legal consequences. Consultation with an attorney is encoura8f!d with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. . ....~.. .... .... -....i..... - @ 1997. AIA@ AlA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT ~ The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292