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make exhaustive or continuous on-site inspections to check
<br />the quality or quantity of the Work. On the basis of on-site
<br />observations as an architect, the Architect shall keep the
<br />Owner informed of the progress and quality of the Work, and
<br />shall endeavor to guard the Owner against defects and
<br />deficiencies in the Work. (More extensive site representation
<br />may be agreed to as an Additional Service, as described in
<br />Paragraph 3.2.) SEE ARTICLE 12.1
<br />
<br />2.4.8 The Architect shall not have control over or charge
<br />of and shall not be responsible for construction means,
<br />methods, techniques, sequences or procedures, or for safety
<br />precautions and programs in connection with the Work,
<br />since these are solely the Contractor's responsibility under
<br />the Contract for Construction. The Architect shall not be
<br />responsible for the Contractor's schedules or failure to carry
<br />out the Work in accordance with the Contract Documents.
<br />The Architect shall not have control over or charge of acts or
<br />omissions of the Contractor, Subcontractors, or their agents
<br />or employees, or of any other persons performing portions of
<br />the Work.
<br />
<br />2.4.7 The Architect shall at all times have access to the
<br />Work wherever it is in preparation or progress.
<br />
<br />2.4.8 Based on the Architect's observations and
<br />evaluatious of the Contractor's Applications for Payment, the
<br />Architect shall review and certify the amounts due the
<br />Contractor.
<br />
<br />2.4.9 The Architect's certification for payment shall
<br />constitute a representation to the Owner, based on the
<br />Architect's observations at the site as provided in
<br />Subparagraph 2.4.5 and on the data comprising the
<br />Contractor's Application for Payment, that the Work, to the
<br />best of the Architect's knowledge, information and belief, has
<br />progressed to the point indicated and that quality of the
<br />Work is in accordance with the Contract Documents. The
<br />issuance of a Certificate for Payment shall not be a
<br />representation that the Architect has (1) made exhaustive or
<br />continuous on-site inspections to check the quality or
<br />quantity of the Work, (2) reviewed construction means,
<br />methods, techniques, sequences or procedures, (3) reviewed
<br />copies of requisitions received from Subeontractom and
<br />material suppliers and other data requested by the Owner to
<br />substantiate the Contractor's right to payment or (4)
<br />ascertained how or for what purpose the Contractor has used
<br />money previously paid on account of the Contract Sum.
<br />
<br />2.4.10 The Architect shall have authority to reject Work
<br />which does not conform to the Contract Documents and will
<br />have authority to require additional inspection or testing of
<br />the Work whenever, in the Architect's reasonable opinion, it
<br />is necessary or advisable for the implementation of the intent
<br />
<br />of the Contract Documents.
<br />
<br />2.4.tl The Architect shall readew and approve or take
<br />other appropriate action upon Contractor's submittals such as
<br />Shop Drawings, Product Data and Samples, but only for the
<br />limited purpose of checking for conformance with
<br />information given and the design concept expressed in the
<br />Contract Documents. The Architect's action shall be taken
<br />with such reasonable promptness as to cause no delay. The
<br />Architect's approval of a specific item shall not indicate
<br />approval of an assembly of which the item is a component.
<br />When professional certification of performance
<br />characteristics of materials, systems or equipment is. required
<br />by the Contract Documents, the Architect shall be entitled to
<br />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 />
<br />2.4.12 The Architect shall prepare Change Orders and
<br />Construction Change Directives, with supporting
<br />documentation and data ff authorized or confirmed in
<br />writing by the Owner as provided in Paragraphs 3.1 and 3.3,
<br />for the Owner's approval and execution in accordance with
<br />the Contract Documents, and may authorize minor changes
<br />in the Work not involving an adjustment in the Contract
<br />Sum or an extension of the Contract Time which are not
<br />inconsistent with the intent of the Contract Documents.
<br />
<br />2.4.13 The Architect shall conduct inspections to
<br />determine the dates of Substantial Completion and final
<br />completion and shall issue a final Certificate for Payment.
<br />
<br />2.4.14 The Architect shall interpret and decide matters
<br />concerning performance of the Owner and Contractor under
<br />the requirements of the Contract Documents on written
<br />request of either the Owner or Contractor. The Architect's
<br />response to such requests shall be made with reasonable
<br />promptness and within any time limits agreed upon. When
<br />making such interpretations and initial decisions, the
<br />Architect shall endeavor to secure faithful performance by
<br />both Owner and Contractor, shall not show partiality to
<br />either, and shall not be liable for results of interpretations or
<br />decisions so rendered in good faith.
<br />
<br /> ARTICLE 3
<br /> ADDITIONAL SERVICES
<br />
<br />3.1 Additional Services shall be provided if authorized
<br />or confirmed in writing by the Owner or if included in
<br />Article 12, and they shall be paid for by the Owner as
<br />provided in this Agreement. Such Additional Services shall
<br />include, in addition to those described in Paragraphs 3.2 and
<br />3.3, budget analysis, financial feasibility studies, planning
<br />surveys, environmental studies, measured drawings of
<br />
<br /> AIA DOCUMEI'~F B 151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE
<br /> OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. Unlicensed photocopying violates U.S. copyright laws and is subject to
<br /> legal prosecution~ This document was electronically produced with permi~ion ofthe MA and can b~ ~xodueed without violation until tl~ date of expiration ~ noted
<br />
<br /> I~low.
<br /> Electronic Format B151-1987
<br />User Document: 10888151 .DOC -- 12/10/1997. AIA License Number 104025, which expires on 8/31/1998 -- Page #3
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