Common use of Architect’s Representative Clause in Contracts

Architect’s Representative. Architect shall designate a representative approved by Owner in its sole discretion to serve as Architect’s representative at meetings and conferences in connection with the Project. General Approval Requirement. The architectural design and the structural, mechanical, and electrical systems for the Project, including the materials and equipment to be used in the Project, shall be subject to approval by Owner. No approval or acceptance of Instruments of Service or directions to proceed with a phase of Basic Services given by Owner shall in any way constitute a representation, warranty or waiver of Owner as to the adequacy or sufficiency of the Services or Instruments of Service or their compliance with the Standards or this Agreement, and no such approval, acceptance or direction shall be deemed to relieve Architect of any of its responsibilities under this Agreement or its professional responsibility for the adequacy of the design and of the Instruments of Service, including their completeness, accuracy and internal consistency. Submittal and Review of Instruments of Service. Architect shall submit Instruments of Service required in each phase of Basic Services within the times provided in Architect’s Schedule and the Milestone Schedule. Owner shall provide comments on the Instruments of Service and direct Architect either to proceed with the next phase of Basic Services (if any) or to revise and resubmit the Instruments of Service for the then- current phase to incorporate Owner’s comments. No such comments or requirements for revision and resubmission shall extend the Milestone Schedule. Cost Estimates; Owner’s Budget. Estimates of the Construction Cost to be prepared by Architect are for the purpose of allowing Owner to evaluate whether the Project as designed by Architect can be designed and constructed within the Project Budget. These estimates shall be based on sound professional skill and judgment, but Architect shall not be held to guarantee their accuracy. The design of the Project shall remain within the Project Budget and the scope established by Owner. Coordination With Owner’s Separate Design Consultants. Architect shall cooperate with consultants who may be employed by Owner to check the plans, specifications, and the Work and shall furnish information and data used by Architect in making design decisions to such consultants and Owner. Code Compliance. Architect shall be responsible to ensure that the Instruments of Service fully comply with all applicable building codes, regulations, laws, and ordinances, including both the technical provisions and the administrative provisions of the State of Colorado and the City and County of Denver. In the event of a decision by any lawful regulatory authority that such plans and specifications do not fully conform to applicable building codes, regulations, laws, and ordinances, either Architect or Owner, if either so desires, may have the matter heard on appeal or review by the appropriate administrative agency or agencies, to the extent that such an appeal or review shall be permitted by such codes, regulations, laws, or ordinances; provided, however, that no such appeal by Architect shall delay the Milestone Schedule. Neither party shall initiate an appeal without notifying the other no less than three (3) working days prior

Architect’s Representative. Architect shall designate a representative approved by Owner in its sole discretion to serve as Architect’s representative at meetings and conferences in connection with the Project. General Approval Requirement. The architectural design and the structural, mechanical, and electrical systems for the Project, including the materials and equipment to be used in the Project, shall be subject to approval by Owner. No approval or acceptance of Instruments of Service or directions to proceed with a phase of Basic Services given by Owner shall in any way constitute a representation, warranty or waiver of Owner as to the adequacy or sufficiency of the Services or Instruments of Service or their compliance with the Standards or this Agreement, and no such approval, acceptance or direction shall be deemed to relieve Architect of any of its responsibilities under this Agreement or its professional responsibility for the adequacy of the design and of the Instruments of Service, including their completeness, accuracy and internal consistency. Submittal and Review of Instruments of Service. Architect shall submit Instruments of Service required in each phase of Basic Services within the times provided in Architect’s Schedule and the Milestone Schedule. Owner shall provide comments on the Instruments of Service and direct Architect either to proceed with the next phase of Basic Services (if any) or to revise and resubmit the Instruments of Service for the then- then-current phase to incorporate Owner’s comments. No such comments or requirements for revision and resubmission shall extend the Milestone Schedule. Cost Estimates; Owner’s Budget. Estimates of the Construction Cost to be prepared by Architect are for the purpose of allowing Owner to evaluate whether the Project as designed by Architect can be designed and constructed within the Project Budget. These estimates shall be based on sound professional skill and judgment, but Architect shall not be held to guarantee their accuracy. The design of the Project shall remain within the Project Budget and the scope established by Owner. Coordination With Owner’s Separate Design Consultants. Architect shall cooperate with consultants who may be employed by Owner to check the plans, specifications, and the Work and shall furnish information and data used by Architect in making design decisions to such consultants and Owner. Code Compliance. Architect shall be responsible to ensure that the Instruments of Service fully comply with all applicable building codes, regulations, laws, and ordinances, including both the technical provisions and the administrative provisions of the State of Colorado and the City and County of Denver. In the event of a decision by any lawful regulatory authority that such plans and specifications do not fully conform to applicable building codes, regulations, laws, and ordinances, either Architect or Owner, if either so desires, may have the matter heard on appeal or review by the appropriate administrative agency or agencies, to the extent that such an appeal or review shall be permitted by such codes, regulations, laws, or ordinances; provided, however, that no such appeal by Architect shall delay the Milestone Schedule. Neither party shall initiate an appeal without notifying the other no less than three (3) working days priorprior to filing of the appeal. In such event, however, the final decision on such appeal or review shall be binding upon Architect, without any judicial review thereof, unless Owner, in its sole discretion, seeks and obtains a judicial review of such decisions.