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2.6.4 Tlle Architect shall be a representative of vid sh:ill advise
<br />and consul[ wich the Owner (1) during conscruction until final
<br />payment to the Contractor is due, and (2) as an Additional Ser-
<br />vice at ihe Owner's direction from cime to time during the cor-
<br />rection period described in the Concract for Construc[ion. The
<br />.Architect shall have authoricy to act on behalf of the OR-ner
<br />only ro[he ex[ent provided in this Agreement unless o[hernise
<br />modified by written instrument.
<br />2.6.5 The Architect shall visit the si[e a[ intervals appropria[e
<br />co the scage of construction or as ocherwise agreed by the
<br />Owner and Architect in n-riting to become generally familiar
<br />wi[h the progress and quality of the Work compleced and to
<br />deremline in general if the Work is being performed in a man-
<br />ner indicating that the Work- n•hen completed will be in accor-
<br />dance with the Contract Documents. However, the Architect
<br />sh:ll not be required to make exhaustive or coniinuous on-site
<br />inspections [o check the quality or quantity of the Work. On
<br />the basis of on-site obsen-acions as an archicect, the Architeci
<br />shall keep the Owner informed of the progress und quality of
<br />the \t'lork, and shafl endeavor to guard the O,?vner againsc
<br />defeccs and deficiencies in the Work. (More exlensir.•e site
<br />representcrtiort may be agreed to as an Additiona! Service, as
<br />desu•ibed in Puragrapb 3.2.)
<br />2.6.6 The Architect shall not have control over or charge of
<br />and sh:ill not be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety precautions
<br />and programs in conneccion n•ith the Work, since [hese are
<br />solely che ConLrac[or's responsibility under the Con[ract for
<br />Conscruccion. The Archicecz sh:ill not be responsible for the
<br />Concractor's schedules or f. ?.iure co carry out the \Work in accor-
<br />d:uice with the Contract Documen[s. The rlrchitecc shall not
<br />have control over or charge of acts or omissions of the Concrac-
<br />tor, Stibcon[raciors, or their agents or employees, or of any
<br />ocher persons perforining porcions of the Work.
<br />2.6.7 The :lrchitect shall ac all [imes have access [o the Work
<br />wherever it is in prepara[ion or progress.
<br />2.6.8 Except as may othe;-i-ise be provided in (he Contract
<br />Documents br when direr communicacions have been spe-
<br />ciallyauthorized, the Owne, and Contractor shall communicate
<br />through the Archi[ect. Communications b), and n-ith the Archi-
<br />[ect's consultants shall be ?nrough the Archi[ect.
<br />2.6.9 Based on the Archicect's observations and evaluations of
<br />the Contractor's Applications for Payment, the Archirect shall
<br />review anci cercify the amouncs due the Contractor.
<br />2.6.10 The Architect's cer._ficaLion for payment: shall consti-
<br />tute a representacion to the Owner, based on the Architect's
<br />observations at the site as p:ovided in Subparagraph 2.6.5 and
<br />on tlie daca comprising the Contractor's Application for Pay-
<br />ment, that the Work has progressed to the point indicated and
<br />that, to the best of the Archicect's knowledge, information and
<br />belief, qualitv of the Work u in accordance with the Contract
<br />Documents. The foregoing representa[ions are suhject to an
<br />ev:iluacion oP the Work for conformance wi[h the Contract
<br />Docu,nen[s upon SuUstanEial Completion, co results of subse-
<br />quent tests and inspections, to minor deviations from the Con-
<br />cract Documents correctab[e prior to completion and to spe-
<br />cific qualiFications espressed Dy the Architect. The issuaiice of a
<br />Certificate for Payment shalt further constitute a representation
<br />chat the Coiuractor is entided ro payment in the amount certi-
<br />ed. Honrever, d1e issuance of a Certificate for Payment shall
<br />ot be a representation [hai che Architect has (1) made exhaus-
<br />tive or continuous on-site fnspections [o check the quality or
<br />quantity of the Work, (2) reviewed construction mcans, meth-
<br />ocis, techniques, sequences or proce:dures, (3) reviewed copics
<br />of requisiEions received from Subconiractors and material sup-
<br />pliers and o[her daca requesred by the Owner to substantiate
<br />the Contractor's righc to pa} menc or (4) ascertained how or for
<br />what purpose the Contractor has used money previously paid
<br />on account of the ContracL Sum.
<br />2.6.11 The Archicect shali have auchority to reject Work ?vhicfl
<br />cloes no[ conform to the Contract Documents. Whenever the
<br />Architecc considers i[ necessary or advisable for implementa-
<br />tion of the intent of the Contrac[ Documencs, the rlrchicecc will
<br />have au[hority to require addi[ional inspec[ion or [esting of the
<br />Work in accordance with the provisions of the Contract Docu-
<br />ments, R•hether or not such Work is fabricated, ins[:illed or
<br />completed. However, neither this authoritv of che Arciliiect nor
<br />a decision made in good faith either [o esercise or iior to exer-
<br />cise such authority shall give rise ro a du[v or responsibili[y of
<br />the Architect to the Concraccor, Subcontrac[ors, materi:il and
<br />equipment suppliers, their agents or employees or odier per-
<br />sons performing portions of the Work.
<br />2.6.12 The Archi[ect shall review and approve or tahe other
<br />appropriate action upon Contraccor's submittals suctt :is Shop
<br />Dra,wings, Product Data and Samples, bu[ only for the limited
<br />purpose of checking for conFormance wich information given
<br />and the design concept espressed in the Contract Documents.
<br />The Archicect's action shall be taken vvi[h such reasonable
<br />promptness as to cause no delay in the \Vork or in the con-
<br />struction of the Owner or of separate contractors, while allow-
<br />ing sufFicienc time in the Architect's profession:il judgment to
<br />permit adequate review. Revien• of such submitt:ils is not con-
<br />ducted for the purpose of determining the accuracy and com-
<br />pleteness of other de[ails such as dimensions and quantities or
<br />for subsEantiacing inscruccions for installation or performance of
<br />equipment or systems designed by the Contractor, atl of n•hich
<br />remain the responsibilit}- of the Contractor to the esten[
<br />required b}- the Contract Docun-ients. The Architect's review
<br />shall not consticute approval of safen• precautions or, unless
<br />otherR•ise specifically s[aced by the rlrchitect, of construction
<br />means, me[hods, recliniques, sequences or procedures. The
<br />Architecrs approval oP a specitic item shall not indicate
<br />approval of an a.ssembl}• of R%hich the item is a componen[.
<br />When professional cercification of performance charac[eriscics
<br />of materials, sysrems or equipment is required by che Contract
<br />Documents, the Architect shall be entided Eo relp upon such
<br />cer[iFication to establish that the marerials, s}rstems or equip-
<br />ment will meet the performance cri[eria required by [he Con-
<br />[ract Documen[s.
<br />2.6.13 The Architect shall prepare Change Orders and Con-
<br />scruction Change Directives, n•i[h supporting documentation
<br />and da[a if deemed necessary bv che Archi[ect as provided in
<br />Subparagraphs 3.1.1 and 3.3.3, for the Owner's :ipproval and
<br />execucion in accordance wich the Contract Documents, and
<br />may authorize minor changes in the Work not involving an
<br />adjustment in the Contract Sum or an estension of the Contract
<br />Time which are not inconsiscent wi[h ihe intent of the Con[ract
<br />Documencs.
<br />2.6.14 The Architect shall conduct inspec[ions to determine
<br />the dace or dates of Substantial Completion and the date of Final
<br />comple[ion, shall receive and forn?ard to the Owner for the
<br />Owner's review and records n•ricten warran[ies and related
<br />documencs required by the Contract Documents and assem-
<br />blecl by the Contractor, and shall issue a final Certifica[e for Pay-
<br />ment upon compliance ?vith the requirements of the Contract
<br />Documencs.
<br />AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITIOiV ^ AIAO •@1987
<br />3 B141-1987 THE AbfERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., V%ASHINGTON, D.C. 20006
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