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.3 participating in negotiations with prospective contractors, and subsequently preparing a summary <br />report of the negotiation results, as directed by the Owner. <br />§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and <br />shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. <br />§ 3.6 CONSTRUCTION PHASE SERVICES <br />§ 3.6.1 GENERAL <br />§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set <br />forth below and in AIA Document A201Tm-2007, General Conditions of the Contract for Construction. If the Owner <br />and Contractor modify AIA Document A201 -2007, those modifications shall not affect the Architect's services <br />under this Agreement unless the Owner and the Architect amend this Agreement. <br />§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The <br />Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The <br />Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, <br />sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the <br />Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the <br />Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not <br />have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other <br />persons or entities performing portions of the Work. <br />§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences <br />with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate <br />for Payment. <br />§ 3.6.2 EVALUATIONS OF THE WORK <br />§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise <br />required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work <br />completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the <br />Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not <br />be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On <br />the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of <br />the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and <br />from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in <br />the Work. <br />§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever <br />the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or <br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is <br />fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith <br />either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the <br />Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities <br />performing portions of the Work. <br />§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the <br />Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests <br />shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. <br />§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable <br />from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations <br />and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not <br />show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The <br />Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the <br />Contract Documents. <br />AIA Document B701 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights <br />Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 6 <br />of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxi rry}{gA� M p �511�1 �r 2 \n <br />under the law. This document was produced by AIA software at 09:14:42 on 11/08/2016 under Order No.7362255683_1 which expires on a d is <br />not for resale. <br />User Notes: G_6 Pa e(124698433) <br />g <br />