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Contractor modify AIA Document A201-2017,those modifications shall not affect the Engineer's services under this
<br /> Agreement unless the Owner and the Engineer amend this Agreement.
<br /> § 3.61.2 The Engineer,shall advise and consult with the Owner during the Construction Phase Services.The Engineer
<br /> shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Engineer 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 Engineer be responsible
<br /> for the Contractor's failure to perform the Work in accordance with the requirements ofthe Contract Documents.The
<br /> Engineer shall be responsible for the Engineer's negligent acts or omissions,but shall not have control over or charge
<br /> of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing
<br /> 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 Engineer's responsibility to provide
<br /> Construction Phase Services commences with the award of the Contract for Construction and terminates on the date
<br /> the Owner issues the final Certificate for Payment.
<br /> § 3.6.2 Evaluations of the Work
<br /> § 3.6.2.1 The Engineer shall visit the site at intervals appropriate to the stage of construction,or as otherwise required
<br /> in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and
<br /> to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully
<br /> completed,will be in accordance with the Contract Documents.However,the Engineer shall not be required to make
<br /> exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,
<br /> the Engineer shall keep the Owner reasonably informed abouttheprogress and quality of the portion of the Work
<br /> completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known
<br /> deviations from the most recent construction schedule submitted by the Contractor,and(3)defects and deficiencies
<br /> observed in the Work.
<br /> § 3.6.2.2 The Engineer shall notify the Owner and Contractor of any Work it determines does not conform to the
<br /> Contract Documents.Whenever the Engineer considers it necessary or advisable,the Engineer shall have the authority
<br /> to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or
<br /> not the Work is fabricated,installed or completed.However,neither this authority of the Engineer nor a decision made
<br /> in good faith°either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the
<br /> Engineer to the Contractor,Subcontractors,suppliers,their agents or employees,or other persons or entities
<br /> performing portions of the Work.
<br /> § 3.6.2.3 The Engineer shall interpret,and make a written recommendation to the Owner regarding matters concerning
<br /> performance under,and requirements of,the Contract Documents on written request of either the Owner or
<br /> Contractor.The Engineer's response to such requests shall be made in writing within any time limits agreed upon or
<br /> otherwise with reasonable promptness.
<br /> § 3.6.2.4 Interpretations and decisions of the Engineer 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 Engineer 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 /> Engineer's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
<br /> Contract Documents.
<br /> § 3.6.2.5 The Engineer shall render initial decisions on Claims between the Owner and Contractor as provided in the
<br /> Contract Docurnents.
<br /> §
<br /> 3.6.3 Certificates for Payment to Contractor
<br /> §
<br /> 3.6.3.1 The Engineer shall review and certify the amounts due the Contractor and shall issue certificates in such
<br /> amounts.The Engineer's certification for payment shall constitute a representation to the Owner,based on the
<br /> Engineer's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
<br /> Application for Payment,that,to the best of the Engineer's knowledge,information and belief,the Work has
<br /> progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the
<br /> Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation
<br /> Init. AIA Document 8101` -2017.Copyright 01974,1978,1987,1997,2007 and 2417 by The American institute of Architects.All rights reserved.The°A ri n
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