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of the Architect to the Construction Manager, Contractors, <br />Subcontractors, material and equipment suppliers, their agents <br />or einployees or other persons performing portions of <br />the Work. <br />2.6.11 The Architect shall review and approve or take other <br />appropriate action upon Contractors' submittals such as Shop <br />Drawings, Product Data and Samples, but only for the limited <br />purpose of checking for conformance with information given <br />and the design concept expressed in the Contract Documents. <br />The Architect's action shall be taken with such reasonable <br />promptness as to cause no delay in the Contractors' Work or <br />in construction by the Owner's own forces, while allowing <br />sufficient time in the Architect's professional judgment to per- <br />mit adequate review. Review of such submittals is not con- <br />ducted for the purpose of determining the accuracy and com- <br />pleteness of other details such as dimensions and quantities <br />or for substantiating instructions for installation or perfor- <br />mance of equipment or systems designed by the Contractors, <br />all of which remain the responsibility of the Contractors to <br />the extent required by the Contract Documents. The Archi- <br />tect's review shall not constitute approval of safety precau- <br />tions or, unless otherwise specifically stated by the Architect, <br />of construction means, methods, techniques, sequences or <br />procedures. The Architect's approval of a specific item shall <br />not indicate approval of an assembly of which the item is a <br />component. When professional certification of performance <br />characteristics of materials, systems or equipment is required <br />by the Contract Documents, the Architect shall be entitled <br />to rely upon such certification to establish that the materials, <br />systems or equipment will meet the performance criteria <br />required by the Contract Documents. <br />2.6.12 The Architect shall review and sign or take other <br />appropriate action on Change Orders and Construction <br />Change Directives prepared by the Construction Manager for <br />the Owner's approval and execution in accordance with <br />the Contract Documents. <br />2.6.13 The Architect may authorize minor changes in Work <br />not involving an adjustment in a Contract Sum or an exten- <br />sion of a Contract Time which are not inconsistent with <br />the intent of the Contract Docuinents. Such changes shall <br />be effected by written order issued through the Construc- <br />tion Manager. <br />2.6.14 The Architect, assisted by the Construction Maiiager, <br />shall conduct inspections to determine the date or dates of <br />Substantial Completion and the date of final completion. The <br />Architect shall forward to the Owner warranties and similar <br />submittals required Uy the Contract Docuinents which have <br />been received from the Construction Manager. The Architect <br />shall issue a final Project Certificate for Payment upon com- <br />pliance with the re_quirements of the Contract Documents. <br />2.6.15 The Architect shall interpret and decide matters con- <br />cerning performance of the Owner and Contractor under the <br />requirements of the Contract Documents on written request <br />of either the Owner or Contractor. The Architect's response <br />to such requests shall be made with reasonable promptness <br />and within any tiine limits agreed upon. <br />2.6.16 Interpretations and decisions of the Architect shall be <br />consistent with the intent of and reasonably inferable from <br />the.Contract Documents and shall be in writing or in the form <br />of drawings. When making such interpretations and initial <br />decisions, the Architect shall endeavor to secure faithful per- <br />formance by both Owner and Contractors, shall not show par- <br />tiality to either, and shall not be liable for results of interpreta- <br />tions or decisions so rendered in good faith. <br />2.6.17 The Architecf's decisions on matters relating to <br />aesthetic effect shall be final if consistent with the intent <br />expressed in the Contract Documents. <br />2.6.18 The Architect shall render written decisions within a <br />reasonable time on all claims, disputes or other matters in <br />question between the Owner and Contractors relating to the <br />execution or progress of the Work as provided in the Con- <br />tract Documents. <br />2.6.19 The Architect's decisions on claiins, disputes or other <br />matters, including those in question between the Owner and <br />Contractors, except for those relating to aesthetic effect as pro- <br />vided in Subparagraph 2.6.17, shall be subject to arbitration <br />as provided in this Agreement and in the Contract Documents. <br />ARTICLE 3 <br />ADDITIONAL SERV9CES <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 <br />shall be paid for by the Owner as provided in this Agreement, <br />in addition to the coinpensation for Basic Services. The ser- <br />vices described under Paragraphs 3.2 and 3•4 shall only be <br />provided if authorized or confirmed in writing by the Owner. <br />If services described under Contingent Additional Services <br />in Paragraph 3.3 are required due to circumstances beyond <br />the Architect's control, the Architect shall notify the Owner <br />prior to commencing such services. If the Owner deems that <br />such services described under Paragraph 3.3 are not required, <br />the Owner shall give prompt written notice to the Architect. <br />If the Owner indicates in writing that all or part of such Con- <br />tingent Aclditional Services are not required, the Architect shall <br />have no. obligation to provide those services. <br />3.2 PROJECT REPRESENTATION <br />BEYOND BASIC SERVICES <br />3.2.1 If more extensive representation at the site than is <br />described in Subparagraph 2.6.5 is required, the Architect shall <br />provide one or more Project Representatives to assist in car- <br />rying out such additional on-site responsibilities. <br />3.2.2 Project Representatives shall be selected, employed and <br />directed by the Architect, and the Architect shall be compen- <br />sated therefor as agreed by the Owner and Architect. The <br />duties, responsibilities and limitations of authority of Project <br />Representatives shall be as described in the edition of AIA <br />Document B352 current as of the date of this Agreement, <br />unless otherwise agreed. <br />3.2.3 Through the observations by such Project Represen- <br />tatives; the Architect shall endeavor to provide further pro- <br />tection for the Owner against defects and deficiencies in the <br />Work, but the furnishing of such project representation shall <br />not modify the rights, responsibilities or obligations of the <br />Architect as described elsewhere in this Agreement. <br />3.3 CONTINGENT ADDITIOfVAL SERVICES <br />3.3.1 Making revisions in Drawings, Specifications or other <br />documents when such revisions are: <br />inconsistent with approvals or instructions previously <br />given by the Owner, including revisions made nec- <br />essary by adjustments in the Owner's program or Proj- <br />ect budget; <br />AIA DOCUMENT 13141/CMa - OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGER- <br />ADVISER EDITION - 1992 EDITION - AIA° • OO 1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, <br />1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed <br />photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. <br />B141/CMa-1992 4