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2.4.4 The Architect shall assist the Owner and Construction
<br />Manager in the preparation of the necessary bidding infor-
<br />mation, bidding forms, the Conditions of the Contracts, and
<br />the forms of Agreement between the Owner and the Con-
<br />tractors. The Architect shall assist the Construction Manager
<br />in issuing Uidding documents to bidders and conducting pre-
<br />bid conferences with prospective bidders. The Architect, with
<br />the assistance of the Construction Manager, shall respond to
<br />questions from bidders, and shall issue addenda.
<br />2.4.5 The Architect shall assist the Owner and Construction
<br />Manager in connection with the Owner's responsibility for
<br />filing documents required for the approval of governmental
<br />authorities having jurisdiction over the Project.
<br />2.5 BIDDING OR NEGOTIAYION PHASE
<br />2.5.1 The Architect, following the Owner's approval of the
<br />Construction Documents and of the Construction Manager's
<br />latest estimate of Construction Cost, shall assist the Construc-
<br />tion Manager in obtaining bids or negotiated proposals and
<br />assist. in preparing contracts for construction.
<br />2.6 CONSTRUCTION PHASE-ADMIiVISTRATION
<br />OF TFiE CONSYRUCTION CONTRACT
<br />2.6.1 The Architect's responsibility to prbvide Basic Services
<br />for the Construction Phase under this Agreement commences
<br />with the award of the Contract for construction and terminates
<br />at the earlier of the issuance to the Owner of the final Project
<br />Certificate for Payinent or 60 days after the date of Substan-
<br />tial Completion of the. Work.
<br />2.6.2 The Architect shall provide administration of the Con-
<br />tract for construction in cooperation with the Construction
<br />Manager as set forth below and in the edition of AIA Docu-
<br />ment A201/CMa, General Conditions of the Contract for Con-
<br />struction, Construction Manager-Adviser Edition, current as
<br />of the date of this Agreement.
<br />2.6.3 Duties, responsibilities and liinitations of authority of
<br />the Architect.shall not be restricted, modified or extended
<br />without written agreement of the Owner and Architect with
<br />consent of the Contractors and the Construction Manager,
<br />which consent shall not be unreasonably withheld.
<br />2.6.4 The. Architect shall be a representative of and shall
<br />advise and consult with the Owner (1) during construction
<br />until final payment to the Contractors is due, and (2) as an
<br />Additional Service at the Owner's direction frem time to time
<br />during the correctiori period described in the Contracts for
<br />Construction. The Architect shall have authority to act on
<br />behalf of the Owner only to the extent provided in this Agree-
<br />ment unless otherwise modified by written instrument.
<br />2.6.5 The Architect shall visit the site at intervals appropriate
<br />to the stage of construction or as otherwise agreed by the
<br />Owner and Architect in writing to become generally fainiliar
<br />with the progress and quality of the Work coinpleted and to
<br />determine in general if the Work is being perforined in a
<br />manner indicating that the Work when completed will be in
<br />accordance with the Contract Documents. However, the
<br />Architect shall riot be required to make exhaustive or con-
<br />tinuous on-site inspections to check the quality or quantity
<br />of the Work. On the basis of on-site observations as an
<br />architect, the Arcliitect shall keep the Owner informed of the
<br />progress and quality of the Work, and shall endeavor to
<br />guard the Owner against defects and deficiencies in the
<br />Work. (More extensive site represezztation rnay be agr-eed to
<br />as an Additional Service, as described in Paragraph 3.2.)
<br />2.6.6 The Architect shall not have control over or charge of
<br />and shall not be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety precautions
<br />and programs in connection with the Work, since these are
<br />the Contractors' responsibility under the Contracts for Con-
<br />struction. The Architect shall not be responsible for the Con-
<br />tractors' schedules or failure to carry out the Work in accor-
<br />dance with the Contract Documents. The Architect shall not
<br />be responsible for the performance Uy the Construction Man-
<br />ager of the services required by the Construction Manager's
<br />agreement with the Owner. The Architect shall not have con-
<br />trol over or charge of acts or oinissions of the Contractors,
<br />Subcontractors, or their agents or employees, or of any other
<br />persons performing services or portions of the Work.
<br />2.6.7 The Architect shall at all tiines have access to the Work
<br />wherever it is in preparation or progress.
<br />2.6.8 Communications by and with the Architect's consul-
<br />tants shall be through the Architect.
<br />2.6.9 Based on the Architect's observations and evaluations
<br />of each Contractor's Application for Payment, the Archi-
<br />tect shall review and certify the amounts due the respeo-
<br />tive Contractors.
<br />2.6.9.9 The Architect's certification for payment shall con-
<br />stitute a representation to the Owner, based on the Architect's
<br />observations at the site as provided in Subparagraph 2.6.5,
<br />on the recommendations of the Construction Manager and
<br />on the data comprising the Contractors' Applications for Pay-
<br />ment, that, to the best of the Architect's knowledge, infor-
<br />mation and belief, the Work has progressed to the point indi-
<br />cated and the quality of the Work is in accordance with
<br />the Contract Docuinents. The foregoing representations are
<br />subject to an evaluatiori of the Work for conformance with
<br />the Contract Documents upon Substantial Completion, to
<br />results of subsequent tests and inspections, to minor devia-
<br />tions from the Contract Documents correctable prior to
<br />completion and to specific qualifications expressed by the
<br />Architect. The issuance of a Certificate for Payment shall
<br />further constitute a representation that`the Contractor is
<br />entitled to payment in the amount certified.
<br />2.6.9.2 The issuance of a Certificate for Payment shall not
<br />be a representation that the Architect has (1) made exhaustive
<br />or continuous on-site inspections to check the quality or quan-
<br />tity of the Work, (2) reviewed construction means, methods,
<br />techniques, sequences or procedures, (3) reviewed copies of
<br />requisitions received from Subcontractors and material sup-
<br />pliers and other data requested by the Owner to substantiate
<br />the Contractor's right to payment or (4) ascertaiiied how or
<br />for what purpose the Contractor has used money previously
<br />paid on account of the Contract Sum. 2.6.10 The Architect shall have authority, after notification
<br />to the Construction Manager, to reject Work which does not
<br />conform to the Contract Documents. Whenever the Architect
<br />considers it necessary or advisable for implementation of the
<br />intent of the Contract Documents, the Architect will have
<br />authority, upon written authorization from the Owner, to
<br />require additional inspection or testing of the Work in
<br />accordance with the provisions of the Contract Documents,
<br />whether or not such Work is fabricated, installed or coin-
<br />pleted. However, neither this authority of the Architect nor
<br />a decision made in good faith either to exercise or not to exer-
<br />ise such authority shall give rise to a duty or responsibility
<br />AIA DOCUMENT B1411CMa • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGER-
<br />ADVISER EDITION • 1992 EDITION - AiAO • OO 1992 a THE AMERICAN INSTITUTE OF ARCHITECTS,
<br />1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 ° WARNING: Unlicensed
<br />3 B141/CMa-1992 photocopying violates U.S. copyright laws and will subject the violator to legal prosecutian.
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