Init.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shal!
not have control over, charge of, or responsibility for the construction means. methods, techniques, sequences or
procedures, or fur safety precautions and programs in connection with the Work, nor shall the Architect be responsible
for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shal! not have contro! over or charge
of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing
portions of the Work,
§ 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
Construction Phase Services commences with the award of the Contract fur Construction and terminates on ihe date
the Architect issues the final Certificate for Payment.
§ 3.6.1.4 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and
in AIA Document A201-2007, General Conditions of the Contract for Construction (as mended and supplemented with city made
modifications). Architect shall revise and issue the General Conditions of the Contract for Construction (AIA form 4201-2007) in
accordance with Owner's instructions and consistent with the duties of the Architect as set forth in the revised A201-2007, The
Owner and Architect shall amend this Agreement to reflect material changes in Services required by those instructions.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required
in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and
to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits,
the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work
completed, and promptly report to the Owner (1) known deviations from the Contract Documents. (2) known
deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies
observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing
of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated,
installed or completed. However, neither this authority of the Architect nor a decision made in good faith cither to
exercise or not to exercise such authorily shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, suppliers, their agenis or employees, or other persons or enlilies performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor, The Archilect’s response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be Hable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term
is defined in ALA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and
Coniractor as provided in the Contract Documents.
§ 3.6.3 Certificates for Payment to Contractor
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
AiA Document B101"™ — 2017. Capyright © 1974, 1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This
AIA” Document 1s protected by U.S. Copyright Law and International Treaties, Unauthonzed reproduction or distribution of this AIA tiecument. or any 10
portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximunt extent possible under the law This document was
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