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§3.6 ConstrucHon Phase Services <br /> §3.8.1 Ger�al <br /> §3.8.1.!The Architect shall pmvide administratioa of tbe Contract behveen t6e 4wner and We Conhactor as set forth <br /> belaw aad in A1A Document A201'�*'�2017,Geaeral Conditions of the Coahact for Coustruction.If the Owuer and <br /> CoutracEor modify A1A Documeat A201-2017�those modi6caaons shall not sffect the Architect's services under tius <br /> Agceement unless the Owner and tha Architect amend ttus Agreement <br /> �3,6.1.2 The Architect shall advise and consult with the Owaer during the Conshuctioa Phase Services.T6e Arclutect <br /> shalt have authoxity to ect oa behalf of the Owner only to the extent provided in this Agrecment.'i'he Arciatect shall <br /> aot have control over,eharge of,or responsibiGty for We construction means,methods,techniques,sequeaces or <br /> procedures,or for safery precautions aad pmgrauu in connection with the Work,nor shsll the Architect be responsible <br /> for We Contractar's failure to perf'oim the Work in accordance wiW We requirements of the Contract Documeats.With <br /> regard to new equipment,materials,and products(collectively"Products")required <br /> by the Architect's constzuction documenu,it is undecstood the Arciutect is relying on stated aad implied <br /> repiesentations made by maaufachuers,suppliers end instaUers of such Pmducts as being suitably fit far their intended <br /> purposes.The Arehitect is not responsible for the Product's failure to pecform consistently with those representations. <br /> Notwikhstanding any canhary or potentially ambiguous de.sccip6on of Arctutect services,it is intended that the <br /> Arclutect shmll heve na respoasibility for job site safery on the Project The Cantractor aod Subcontraciors shaU have <br /> full and sole authority for all safety programs and precautions and the meaas,methods,techniques,sequences and <br /> procedures in connection with We Work When Arclutect is present at the site,such presertce shall be only for the <br /> purEwse of andeavoring to pmtect the Owner sgainst any devistions or defects in tho compleked consh�uction Work, <br /> aad Arcttitect shall hava po authority ro take any action whatsoever on the site regarding safety pneceutions or <br /> procedures.Na provision of Wis Agceement shall be intctpreted to coafer upon tttc Archit�t any duty owed under the <br /> common 1aw,under OSHA,or any other statute or regulation to construction workers or any other party regarding <br /> safety or the prevention of accidents at the jobsite.The Architect shall be respoasible for the Architect's negligent acts <br /> or omissioas,but shal!not have control over or charge of,aad shsll not be respoasible for,acts ar omissions oEthe <br /> Conhactor ar of any oWer petsons or entities perf'orming poctioas of the Work. <br /> §3.8.1.3 Subject to Section 4.2 and except as provided in Sectioa 3.6.6.5,the Architect's responsibility to provide <br /> Codstntction Phase Services commences with We award of the Coatract for Cansttuction and terminetes on the date <br /> thc Architect issues the final Gertificate for Payment, <br /> §3.6.2 Evaluatbns of the Wark <br /> §3,8.2.9 Tht Architect shs1l visit the site at intervals appropriete to the stage of canstructioa,for a total cowbined <br /> number of site visits as required by Sectioas 423.2,4.2.3.3,and 4.2.3.4,to{i)become geaetally familiar with the <br /> progress end quality of We portion of the Work completed,aud to detenniue,in general,if the Work obscrvcd is being <br /> perfotmed'ut a meaner indicating Wat We Work,when fuuy completed,wi[I be in accordance with the Contraet <br /> Documcnts and the cansbu�tion schedulc,(ii)dctcrn�inc whcthcr thc Work is substantially comptctc,and then(iii) <br /> dctemunc whethcr thc Work is finally comptctc.Howcvcr,thc Architcct shall not bc rcqui�d to malcc cxhaustivc or <br /> continuous on-site inspeetions to check the quality or quantity of the Work.On the basis nf the site visits,the Architect <br /> shall keep the Owner reasonably informed abaut the progress and quality of the portian of the Work completed,and <br /> prompdy rcport to We Ownec(L)obscrvcd deviatio�s from thc Contxa�t Documcnts,(2)known deviations&om the <br /> most r�eccnt construction schcdulc submittcd by thc Contractor,and(3)apparent dcfccts and dcficicncics obscrved in <br /> tE�c Work <br /> §3.6.2.2 The Architeet has thc authority to recommend to the Owner to rejcct Work that docs not confocm to ihc <br /> Contract Documents.Whenever the Architect considers it necossery ar advisabl�,the Architect shall have the <br /> auWority to recommrnd to the Owaer to require inspecdon or testing of the Work in accordance with the pmvisions of <br /> if�e Contract Documcnts,whcther or not the Work is fabricatcd,installed or corripleted.Howcvcr,neither this <br /> authority of the Architcct aor a decision made in good faith cither to excrcise or not to excrcisc such authority shall <br /> give risc to a duty or responsibility of the Architect to the Contractor,Subcontiacto�s,suppliers,their agents or <br /> emplayees,or othcr persons or entitics perfornung portions of tkrc Work. <br /> ( §3.6.2.3 The Architect shall interpret and decide matters concerning perFortnance ofthe Owner and Conlractor undcr, <br /> and requiremenis of,the Contract Documents on written request of either the Owner or Contractor.The Archilect's <br /> AIA Oosurn�M 8101 TM-2017.Copyriphl O 19T4,Y978,1967.1997.Z�7 and 2017 by The Amarksn Inatltute ot 11�dfNOCis.All HyMs reswved.WARNING;Thla <br /> ����' AlA°Document is prclacted hy U.S.Copyright Law and tntomationat TreaUas.Unauthor�d mproductla�nr diatripution of this AIA'Rocumont,orarry g <br /> portlon of H,may result In severe cYvfi and cr(mina!ponaltieo,and wltl ba prosecuted to tho maximum extont poaaibls undertfio law.Thi��was <br /> f producsd by AIA sothvare at 14:39:55 E'f on 11J24l2018 w�der Order No.9334820348 vrhich e�spires on 04/10/2020,e�Is nol for rosaie. <br /> User Notes: {123039$D33) <br />