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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 bn written request of <br />either the Owner or Contractor. The Architect's response to <br />such requests shall be made with reasonable promptness and <br />within any time 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 the <br />Contract Documents and shall be in writing or in the form of <br />drawings. When making such interpretations and initial deci- <br />sions, the Architect shall endeavor to secure faithful perfor- <br />mance by both Owner and Contractor, shall not show partiality <br />to either, and shall not be liable for results of interpretations or <br />decisions so rendered in good faith. <br />2.6.17 The Architect's decisions on matters relating to aesthe- <br />tic effect shall be final if consistent with the intent expressed in <br />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 ques- <br />tion between the Owner and Contractor relating to the execu- <br />tion or progress of the Work as provided in the Contract <br />Documents. <br />2.6.19 The Architect's decisions on claims, disputes or other <br />matters, including those in question between the Owner and <br />Contractor, except for those relating to aesthetic effect as pro- <br />vided in Subparagraph 2.6.17, shall be subject to arbitration as <br />provided in this Agreement and in the Contract 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 />described under Paragraphs 3.2 and 3.4 shall only be provided <br />if authorized or confirmed in writing by the Owner. If services <br />described under Contingent Additional Services in Paragraph <br />3.3 are required due to circumstances beyond the Architect's <br />control, the Architect shall notify the Owner prior to com- <br />mencing such services. If the Owner deems that such services <br />described under Paragraph 3.3 are not required, the Owner <br />shall give prompt written notice to the Architect. If the Owner <br />indicates in writing that all or part of such Contingent Addi- <br />tional Services are not required, the Architect shall have no obli- <br />gation to provide those services. <br />3.2 PROJECT REPRESENTATION BEYOND BASIC <br />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 carry- <br />ing 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 Architec[. 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, unless <br />otherwise agreed. <br />3.2.3 Through the observations by such Project Represen- <br />tatives, the Architect shall endeavor to provide funkier protec- <br />tion for the Owner against defects and deficiencies in the Work, <br />but the furnishing of such project representation shall not <br />modify the rights, responsibilities orobligations ofthe Architect <br />as described elsewhere in this Agreement. <br />3.3 CONTINGENT ADDITIONAL SERVICES <br />3.3.1 Making revisions in Drawings, Specifications or other <br />documents when such revisions are: <br />.1 inconsistent with approvals or instructions previously <br />given by the Owner, including revisions made neces- <br />sary by adjustments in the Owner's program or Proj- <br />ect budget; <br />.2 required by the enactment or revision of codes, laws <br />or regulations subsequent to the preparation of such <br />documents; or <br />.3 due to changes required as a result of the Owner's fail- <br />ure to render decisions in a timely manner. <br />3.3.2 Providing services required because of significant <br />changes in the Project including, but not limited to, size, qual- <br />ity, complexity, the Owner's schedule, or the method of bid- <br />ding ornegotiating and contracting for construction, except for <br />services required under Subparagraph 5.2.5. <br />3.3.3 Preparing Drawings, Specifications and other documen- <br />tation and supposing data, evaluating Contractor's proposals, <br />and providing other services in connection with Change <br />Orders and Construction Change Directives. <br />3.3.4 Providing services in connection with evaluating substi- <br />tutions proposed by the Contractor and making subsequent <br />revisions to Drawings, Specifications and other documentation <br />resulting therefrom. <br />3.3.5 Providing consultation concerning replacement of Work <br />damaged by fire or other cause during construction, and fur- <br />nishing services required in connection with the replacement <br />of such Work. <br />3.3.6 Providing services made necessary by the default of the <br />Contractor, by major defects or deficiencies in the Work of the <br />Contractor, or by failure of performance of either the Owner or <br />Contractor under the Contract for Construction. <br />3.3.7 Providing services in evaluating an extensive number of <br />claims submitted by the Contractor or others in connection <br />with the Work. <br />3.3.8 Providing services in connection with a public hearing, <br />arbitration proceeding or legal proceeding except where the <br />Architect is parry thereto. <br />3.3.9 Preparing documents for alternate, separate or sequential <br />bids or providing services in connection with bidding, negotia- <br />tion or construction prior to the completion of the Construc- <br />tion Documents Phase. <br />3.4 OPTIONAL ADDITIONAL SERVICES <br />3.4.1 Providing analyses of the Owner's needs and program- <br />ming the requirements of the Project. <br />3.4.2 Providing financial feasibility or other special studies. <br />3.4.3 Providing planning surveys, site evaluations or com- <br />parative studies of prospective sites. <br />AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • A[A® • ©1987 <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B~ 41 •~ 987 4 <br />