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<br />§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall,
<br />as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
<br />substitutions to all prospective contractors.
<br />§ 3.6 Construction Phase Services
<br />§ 3.6.1 General
<br />(Paragraphs deleted)
<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 A201™–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.Subject to the requirements of
<br />Sections 2.2 and 3.6.2.1, the Architect shall not be responsible for the Contractor’s failure to perform the Work in
<br />accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s
<br />negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or
<br />omissions of the 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 or 60 days after the date of Substantial Completion of the Work
<br />whichever comes first.
<br />§ 3.6.1.4 The Architect shall be a representative of and shall advise and consult with the Owner during the
<br />administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only
<br />to the extent provided in this Agreement unless otherwise modified by written amendment.
<br />§ 3.6.1.5 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
<br />§ 3.6.1.6 Except as otherwise provided in this Agreement or when direct communications have been specially
<br />authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising
<br />out of or relating to the Contract Documents. Communications by and with the Architect’s consultants shall be
<br />through the Architect.
<br />§ 3.6.2 Evaluations of the Work
<br />(Paragraphs deleted)
<br />§ 3.6.2.1 The Architect 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 Architect 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 Architect shall keep the Owner reasonably informed about the progress 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 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 testing
<br />of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated,
<br />installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to
<br />exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
<br />Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
<br /> ™
<br />AIA Document B101 Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American
<br /> – 2017.
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