|
2.6.15 The Architect shall inrerprei and decide matters con-
<br />ceming performance of the Owner and Contractor uncier the
<br />requirements of the Contracc Documents on wriLten request oE
<br />either the Owner or Contracror. The Architect's response ro
<br />such requests shall be made with reasonable prompmess and
<br />within any time limits agreed upon.
<br />2.6.16 Interpretations and decisions of the Archicect shall be
<br />consistent with the incent of and reasonably inferable from the
<br />Con[ract Documents and shall be in writing or in the form of
<br />drawings. When making such in[erpretations and ini[ial deci-
<br />sions, the Architec[ shall endeavor to secure faithhil perfor-
<br />mance by both Owner and Contractor, shall not show partiality
<br />to ei[her, -and sh:ill not be liable for results of interpretations or
<br />decisions so renderect in good faith.
<br />2.6.17 The Architect's decisions on matters relating co aesche-
<br />tic effect shall be final if consistent with the incent expressed in
<br />the Contract Documents.
<br />2.6.18 The Architecc shall render wriccen decisions Within a
<br />reasonable tune on all claims, disputes or other matters in ques-
<br />tion be«veen the Owner and Contractor rela[ing to the execu-
<br />tion or progress of the Work as provided in the Contract
<br />Documents.
<br />2.6.19 The Archi[ect's decisions on claims, dispuces or other
<br />matters, including those in question between the ORmer and
<br />Concrac[or, eticept for Lhose rela[ing to aesthetic effect as pro-
<br />vided in Subparagraph 2.6.17, shall be subject to arbitration as
<br />provided in this Agreemen[ and in the Contrac[ Documents.
<br />ARTICLE 3
<br />ADDITIONAL SERVICES
<br />3.1 GENERAL
<br />3.1.1 The services described in this Article 3 are not included
<br />in Basic Services unless so identified in Article 12, and they shall
<br />be paid for by the Owner as provided in this Agreement, in
<br />addition to the compensation for Basic Services. The services
<br />describeci under Paragraphs 3•2 :ind 3.4 shall only be provided
<br />if authorized or confirmed in nrriting by the Owner. If services
<br />described under Contingent Addiiional Services in Paragraph
<br />3.3 are required due to circumstances beyond the Architec['s
<br />control, the Architect shall notify the Owner prior to com-
<br />mencing such services. If the Owner deems chat such services
<br />described under Paragraph 3.3 are not required, the Owner
<br />s11:il1 give promp[ written notice to che Architect. If the Owner
<br />indicates in writing [hat all or part of such Contingent Addi-
<br />iional Services are not required, the rlrchi[ec[ shall have no obli-
<br />ga[ion [o provide chose senrices.
<br />3.2 PROJECT REPRESENTATION BEYOND BASIC
<br />SERVICES
<br />3.2.1 If cnore es[ensive representation a[ the site than is
<br />described in Subparagraph 2.6.5 is required, the Architect shall
<br />provide one or more Project Representa[ives to assis[ in carry-
<br />ing out such additional on-site responsibilities. 3.2.2 Projec[ Represen[.uives shall be selected, employecl and
<br />directed by tiae Architec[, and the Architect shall be compen-
<br />sated [herefor as agreed by the Owner and Architect. The
<br />duties, responsibilities and limitations of au[hority of Project
<br />Representatives shall be as described in the edition of AIA
<br />Document B352 currenc .u of the dace of this Agreemen[, unless
<br />otherwisc agreecL •
<br />3.2.3 Through the observations Uy such Projecc Represen-
<br />tatives, the Architec[ shall endeavor to provide fiirther protec-
<br />cion For the Owner against defec[s .uid deficiencies in Lhe Work,
<br />but the furnishing of such project representation shall not
<br />modify the rights, responsibilities or obligations of the Archiiea
<br />as described elsewhere in this Agrcement.
<br />3.3 CONTINGENT ADDITIONAL SERVICES
<br />3.3.1 Making revisions in Drawings, Specifications or other
<br />documents when stich revisions are:
<br />1 inconsiscent with approvals or instructions previously
<br />given by Ehe Owner, including revisions made neces-
<br />sary by adjus[ments in [he Owner's progrun or Proj-
<br />ecc budget;
<br />.2 required by the enactment or revision of codes, laws
<br />or regulations subsequent [o the preparation of such
<br />documents; or
<br />.3 due to changes required as a result of the On-ner's fail-
<br />ure to render decisions in a[imelv manner.
<br />3.3.2 Providing services required because of significanL
<br />chaiiges ic, ii'tC Pi0)Ci:i lliCiuulilg, but not i1R11[i:tt CO, SiZC, Clllal-
<br />it?-, complesity, the OR-ner's schedule, or the method of bid-
<br />ding or negotiating and contrac[ing for construccion, escept Eor
<br />services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen-
<br />tation and supporting da[a, evaluating Contracror's proposals,
<br />and providing odier services ir connection With Change
<br />Orders and Construction Change Directives.
<br />3.3.4 Providing services in connection with evaluaring substi-
<br />[utions proposed by the Contractor and making, subsequent
<br />revisions to Drawings, SPecifications anci other documentation
<br />resulcing therefrom.
<br />3.3.5 Providing consultation concerning replacement of Work
<br />daniaged by Fire or other cause during construcLion, and ftir-
<br />nishing services required in conneccion wich the replacement
<br />of such \Vork.
<br />3.3.6 Providing services inade necessary by the defauli of the
<br />Contractor, by major defects or deficiencies in the Work of the
<br />Contractor, or by failure of perform:uzce of either the Owner or
<br />Contractor under the Contract for Cons[ruccion.
<br />3.3.7 Providing services in evaluating an extensive number of
<br />claims submitted Uy the Contractor or others in connection
<br />wi[h the Work.
<br />3.3.8 Providing services in connec[ion wirh a public hearing,
<br />arbitration proceeding or legal proceeding except where the
<br />2,rchitec[ is parcy chereto.
<br />3.3.9 Preparing documents for altemate, separate or sequential
<br />bids or providing services in connection with bidding, negotia-
<br />tion or consrruccion prior [o the completion of the Construc-
<br />tion Documents Ph.ue.
<br />3.4 OPTIONAL ADDITIONAL SERVICES
<br />3.4.1 Providing analyses of the Owner's needs and progranl-
<br />ming the requiremencs of the Projecc.
<br />3.4,2 Providing Financial Feasibility or other speeial,5mdies.
<br />•,r.?e??e ?; :
<br />3.4.3 Providing planning surveys, site evalua[ions or eom-
<br />.+,????rii;rtc_ .
<br />parative studies of prospective sites.
<br />AIA DOCUMENT B141 • OWNER-ARCHITECT-AGREEMENT • FOURTEENTH EDITION • AIA° ° 01987 't?('•-
<br />TtIE A?fERICAN itJSTiTUTE OF ARCH[TECTS, 1735 NEW YORK AVENUE, N.W., WASHItiGTON, D.C. 20006 B141-16S'7_ 4
|