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<br />2.6.4 The Architect shall be a representa[ive of and shall advise
<br />aiid consuh wiEh che Owner (1) during conscruction until final
<br />payment to the Contrac[or is due, and (2) :is an Addition.il Ser-
<br />vice at dle Owner's direc[ion From time to time during the cor-
<br />rection period described in che Contract for Construc[ion. The
<br />Archirect shall have authoriry ro act on behalf of tile ONIIf:C
<br />only to che extent provided in thiSAgreement unless o[herwise
<br />modified by written instrument.
<br />2.6.5 The Archi[ect shall visit the sice at intervals appropriate
<br />to the stage of construc[ion or as otherwise agreed by [he
<br />Owner and Archi[ect in writing to become generally f.uniliar
<br />with [he progress and qualiry of che Work completed and [o
<br />determine in general if the Work is being performed in a man-
<br />ner indicacing tha[ the Work when completed will be in accor-
<br />d.unce n•ith the Contract Documents. However, the Architect
<br />sh:ill not be required io make exhaustive or continuous on-site
<br />inspections to check che quality or quancity of the Work. On
<br />the basis of on-site obsen•ations as an architect, d1e rlrchi[ecE
<br />shall keep the Owner informed of the progress :ind qualiry of
<br />the Worh, and shall endeavor to guard ihe Owner against
<br />defects and deficiencies in [he Work. (,tila-e extensiue site
<br />representation ma)) be agreed to as an Additiona! Sei-Uice, as
<br />descrrbed in Paragraph 3.2.)
<br />2.6.6 The Architecc shall not have concrol over or charge of
<br />and sh:ill not be responsible For construction means, methocis,
<br />techniques, sequences or procedures, or for safecy precaucions
<br />and programs in connection wiih the Work, since these are
<br />solely the Contracror's responsibility under the Contract for
<br />Cons[ruction. The Archirecc sh:ill no[ be responsible for the
<br />Concractor's schedules or failure to carry out the Work in accor-
<br />d:ulce n•iih the Contract Documents. The Architecc shall not
<br />h:ive coii[rol over or charge of acts or omissions of the Contrac-
<br />tor, Subcontrac[ors, or their agents or employees, or of any
<br />odler pers64is` performing portions of the \work.
<br />2.6.7 The Architect shall at all times have access to the Work
<br />n•herever it is in preparation or progress.
<br />2.6.8 Ezcept as may oLhern•ise be provided in the Contract
<br />Documents Or when direct communications have been spe-
<br />cially au[horized, the Owner and Contractor shall communicate
<br />through the Architect. Communications by and wi[h the Archi-
<br />tect's consultants shall be through the rlrchitect.
<br />2.6.9 Based on che Architect's observations ancl evaluations of
<br />[he Contracror's Applica[ions for Payment, the Architect shall
<br />review and certify the amounis due the Contractor.
<br />2.6.10 The Architect's ceriification for payment shall consLi-
<br />cute a representation co the Owner, based on the Archirect's
<br />observations at the site as provided in Subparagraph 2.65 anct
<br />on the data comprising che Contractor's Application for Pay-
<br />ment, that the Work has progressed ro the point indicated and
<br />that, to the best of the Archiiect's knowledge, information and
<br />belief, qua]ity of the Work is in accordance with the Contract
<br />Docuinents. The foregoing representations are subject [o an
<br />ev:iluation of the Work for conformance with the ContracE
<br />Documents upon Subscantial Completion, [o results of subse-
<br />quent tests and inspections, co minor deviations from die Con-
<br />tract Documents correc[able prior co completion and ro spe-
<br />cific qualiFications expressed by the Architeci. The issuance of a
<br />GertiFicate for Payment shall further consticute a representation
<br />tliat the Contracror is entitled ro payment in the amount certi-
<br />fied. Ho,;vevb'r,:'dle issuance of a Certificate for Payment shall
<br />not be a reresentacion [hac the Archi[ect has (1) made exhaus-
<br />tive or`coif c?niiA on-site inspections to check the quality or
<br />quantiry of the Work, (2) reviewed construction means, II1CCIl-
<br />octs, cechniques, sequences or procedures, (3) revie,?vect copies
<br />of requisitions received from Subcontractors and mareri:il sup-
<br />pliers and other data requested by the Owner to subs[:uuiate
<br />the Contractor's right [o paymen[ or (4) ascertained hon- or for
<br />what purpose [he Contracror has used money pre%'iousl}• p:iid
<br />on account of che ContracL Sum.
<br />2.6.11 The Architect shall have authori[y to rejeci Work n-hich
<br />does not conform to the Contract Documents. Whenever the
<br />Architect considers it necessary or advisable For implemenr.t-
<br />tion of the intent of the Contract Documents, the Archirect will
<br />have authoriry to require additional inspection or cesciilg of the
<br />Work in accordance with the provisions of the Contract Docu-
<br />ments, whether or not such Work is fabricated, inst:illed or
<br />completed. However, neither this ati[hority of the Archi[eci nor
<br />a decisiontmade in good faith either ro ezercise or no< <o eser-
<br />cise such authority shaLi give rise to a duty or responsiUility of
<br />the Arehi[ect to the Contractor, Subcon[ractors; material and
<br />equipmenc suppliers, their agents or emplo}•ees or odler per-
<br />sons performing portions of the Work.
<br />2.6.72 The Architect shall review and approve or take other
<br />appropriate action upon Contractor's submittals such :ts Shop
<br />Drawings, Product Data and Samples, but onhr for the limited
<br />purpose of checking for confonnance with information given
<br />and the design concept ezpressed in the Coniraa DocumenEs.
<br />The Architect's action shall be taken with such rea.5onable
<br />prompmess as to cause no delay in che Vlork or in the con-
<br />struction of the Owner or of separate contractors, while allow-
<br />ing sufficient time in the Archicect's professional judgmen< <o
<br />permit adequate revien-. Review of such submitt:ils is not con-
<br />ducted for the purpose of de[ermining the accuracy and com-
<br />pleteness of other details such as dimensions and quanti[ies or
<br />for substaniilting instnictions for installacion or perform:nce of
<br />equipment or systems designed by the Contractor, all of R•hich
<br />remain che responsibility of the Contracror to Lhe eytent
<br />required by the Contract Docun-ients. The ?lrchi[ecrs review
<br />sh:ill not constitute approval of safety precautions or, unless
<br />o[her,wise specifically stated b?• the rlrchitect, of construc[ion
<br />means, me[hods, techniques, sequences or procedures. The
<br />Architect's approval of a specific item shall not indicace
<br />approval of an assembly of R-hich the item is a component.
<br />\X/hen professional certification of performance characteristics
<br />of materials, systems or equipcnent is required by che Contract
<br />Documencs, the Archi[ect shall be entitled ro rely upon such
<br />certifica[ion to establish chat the materials, s}-stems or equip-
<br />ment will meet the performance criteria required by the Con-
<br />trac[ Documents.
<br />2.6.13 The Architect shall prepare Change Orders and Con-
<br />struction Change Directives, with supporting documentation
<br />and dara if deemed necessary by che Archicect :ts provided in
<br />Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and
<br />execu[ion in accordance with the Contract Documents, and
<br />may au[horize minor changes in the Work noc involving an
<br />adjustment in the Contract Sum or an estension oF the Contract
<br />Time,which are not inconsistent With the intent of [he Contract
<br />Documents.
<br />2.6.14 The Architec[ shall conducc inspeccions to determine
<br />the date or dates of Substan[ial Compietion and the dare of final
<br />completion, shall receive :ll7CI fOfR'1CCI to the Owner for the
<br />Owner's review anct records writ[en warranties and related
<br />documents required by ttie Contract Documents and assem-
<br />blect by che Contractor, and shall issue a final Certificate for Pay-
<br />ment upon compliance vvith the requiremenis of the Contract
<br />Documents.
<br />3 B141-1.987
<br />AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEtrfENT • FOURTEENTH EDITION • AlA° •D1987
<br />THE A:AERICAV INSTI"CUTE OC• ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHI\GTON, D.C.20006
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