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§ 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 forth
<br /> below and in AIA Document A201rm-2017,General Conditions of the Contract for Construction.If the Owner and
<br /> Contractor modify AIA Document A201 2017,those modifications shall not affect the Architect's services under this
<br /> 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 Architect
<br /> shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall
<br /> not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or
<br /> procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible
<br /> for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.With
<br /> regard to new equipment,materials,and products(collectively"Products")required
<br /> by the Architect's construction documents,it is understood the Architect is relying on stated and implied
<br /> representations made by manufacturers,suppliers and installers of such Products as being suitably fit for their intended
<br /> purposes.The Architect is not responsible for the Product's failure to perform consistently with those representations.
<br /> Notwithstanding any contrary or potentially ambiguous description of Architect services,it is intended that the
<br /> Architect shall have no responsibility for job site safety on the Project.The Contractor and Subcontractors shall have
<br /> full and sole authority for all safety programs and precautions and the means,methods,techniques,sequences and
<br /> procedures in connection with the Work.When Architect is present at the site,such presence shall be only for the
<br /> purpose of endeavoring to protect the Owner against any deviations or defects in the completed construction Work,
<br /> and Architect shall have no authority to take any action whatsoever on the site regarding safety precautions or
<br /> procedures.No provision of this Agreement shall be interpreted to confer upon the Architect any duty owed under the
<br /> common law,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 responsible for the Architect's negligent acts
<br /> or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the
<br /> Contractor or of any other persons or entities performing portions of the Work.
<br /> § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5,the Architect's responsibility to provide
<br /> Construction Phase Services commences with the award of the Contract for Construction and terminates on the date
<br /> the Architect issues the final Certificate 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,for a total combined
<br /> number of site visits as required by Sections 4.2.3.2,4.2.3.3,and 4.2.3.4,to(i)become generally familiar with the
<br /> progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being
<br /> performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract
<br /> Documents and the construction schedule,(ii)determine whether the Work is substantially complete,and then(iii)
<br /> determine whether the Work is finally complete.However,the Architect shall not be required to make exhaustive or
<br /> continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect
<br /> shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and
<br /> promptly report to the Owner(1)observed deviations from the Contract Documents,(2)known deviations from the
<br /> most recent construction schedule submitted by the Contractor,and(3)apparent defects and deficiencies observed in
<br /> the Work.
<br /> § 3.6.2.2 The Architect has the authority to recommend to the Owner to reject Work that does not conform to the
<br /> Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the
<br /> authority to recommend to the Owner to require inspection or testing of the Work in accordance with the provisions of
<br /> the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this
<br /> authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall
<br /> give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers,their agents or
<br /> employees,or other persons or entities performing portions of the Work.
<br /> § 3.6.2.3 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under,
<br /> and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's
<br /> Init. AIA Document 8101'—20117.Copyright®1974,1979,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American
<br /> Institute of Architects;"AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not he used without permission.This documenlwas 9
<br /> produced by AIA software at 14:38:09 ET on 04/14/2021 under Order No.2038834887 which expires on 04110/2022,is not for resale,is licensed for one-time use
<br /> only,and may only be used in accordance with the AIA Contract Documentse Terms of service.To report copyright violations,e-mail ospyright@aia.org.
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