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<br />contractors or any other persons performing any of the
<br />Work, or for the failure of any of them to carry out the
<br />Work in accordance with the Contract Documents.
<br />
<br />1.5.6 The Architect shall at all times have access to the
<br />Work wherever it is in preparation or progress.
<br />
<br />1.5.7 The Architect shall determine the amaunts owing
<br />to the Contractor based on abservations at the site and on
<br />evaluations of the Contractor's Applications for Payment,
<br />and shall issue Certificates for Payment in such amounts,
<br />as provided in the Contract Documents.
<br />
<br />1.5.8 The issuance of a Certificate for Payment shall
<br />constitute a representation by the Architect to the Owner,
<br />based on the Architect's observations at the site as pro-
<br />vided in Subparagraph 1.S.4 and on the data comprising
<br />the Contractor's Application for Payment, that the Work
<br />has progressed to the point indicated; that, to the best of
<br />the Architect's knowledge, information and belief, the qual-
<br />ity of thE!' Work is in accordance with the Contract Dacu-
<br />ments (subject to an evaluation of the Wark for con-
<br />formance with the Contract Documents upon Substantial
<br />Completion, to the results of any subsequent tests re-
<br />.quired by or performed under the Contract Documents,
<br />to minor deviations from the Contract Documents cor.
<br />rectable prior to completion, and to any specific qualifica-
<br />tions stated in the Certificate for Payment); and that the
<br />Contractor is entitled to payment in the amount certified.
<br />However, the issuance of a Certificate for Payment shall
<br />not be a representation that the Architect has made any
<br />examination to ascertain how and for what purpose the
<br />Contractor has used the moneys paid on account of the
<br />Contract Sum.
<br />
<br />1.5.9 The Architect shall be the interpreter of the re-
<br />quirements of the Contract Documents and the judge of
<br />the performance thereunder by both the Owner and
<br />Contractor. The Architect shall render interpretations nec-
<br />essary for the proper execution or progress of the Work
<br />with reasonable promptness on written request of either
<br />the Owner or the Contractor, and shall render written de-
<br />cisions, within a reasonable time, on all claims, disputes
<br />and other matters in question between the Owner and the
<br />Contractor relating to the execution or progress of the
<br />Work or the interpretation of the Contract Documents.
<br />
<br />1.5.10 Interpretations and decisions of the Architect shall
<br />be consistent with the intent of and reasonably inferable
<br />(rom the Contract Documents and shall be in written or
<br />graphic (orm. In the capacity o( interpreter and judge,
<br />the Architect shall endeavor to secure (aithful perform-
<br />ance by both the Owner and the Contractor. shall not
<br />show partiality to either, and shall not be liable for the
<br />result of any interpretation or decision rendered in goad
<br />faith in such capacity.
<br />
<br />1.5.11 The Architect's decision~' in matters relating to
<br />artistic effect shall be final if consistent with the intent of
<br />the Contract Documents. The Architect's decisions on
<br />any other claims, disputes or other matters, including
<br />those in question between the Owner and the Contractor,
<br />shall be final.
<br />
<br />1.5.12 The Architect shall have authority to reject Work
<br />which does not conform to the Contract Documents.
<br />Whenever, in the Architect's reasonable opinion, it is
<br />
<br />necessary or advisable for the implementation of the intent
<br />of the Contr,1(( Documents, the Architect will have author-
<br />ity to require special inspection or testing of the Wark in
<br />accordance with the provisions of the Contract Docu-
<br />ments, whether or not such Work be then fabricated, in-
<br />stalled or completed.
<br />
<br />1.5.13': The Architect shall review and approve or take
<br />other appropriate action upon the Contracto~s submittals
<br />such as Shop Drawings, Product Data and Samples, but
<br />only for conformance with the design concept of the
<br />Work and with the information given in the Contract
<br />Documents. Such action shall be taken with reasonable
<br />promptness so as to cause no delay. The Architect's ap-
<br />praval of a specific item shall not indicate approval of an
<br />assembly of which the item is a component.
<br />
<br />1.5.14 The Architect shall prepare 'Change Orders for
<br />the Owner's approval and execution in accordance with
<br />the Contract Documents, and shall have authority to order
<br />minor changes in the Work not involving an adjustment
<br />in the Contract Sum or an extension of the Contract Time
<br />which are not inconsistent with the intent of the Contract
<br />Documents.
<br />
<br />1.5.15 The Architect shall conduct inspections to deter-
<br />mine the Dates of Substantial Completion and final com-
<br />pletion. shall receive and (orward to the Owner (or the
<br />Owner's review written warranties and related documents
<br />required by the Contract Documents and assembled by
<br />the Contractor, and shall issue a final Certificate for Pay-
<br />ment.
<br />
<br />1.5.16 The extent of the duties, responsibilities and lim-
<br />itations of authority of the Architect as the Owne~s rep-
<br />resentative during construction shall not be modified or
<br />extended without written consent of the Owner, the Con-
<br />tractor and the Architect.
<br />
<br />1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
<br />
<br />1.6.1 If the Owner and Architect agree that more ex-
<br />tensive representation at the site than is described in
<br />Paragraph 1.5 shall be provided, the Architect shall pro-
<br />vide one or more Project Representatives to assist the
<br />Architect in carrying out such responsibilities at th~ site.
<br />
<br />1.6.2 Such Project Representatives shall be selected, em-
<br />ployed and directed by the Architect. and the Architect
<br />shall be compensated there(ar as mutually agreed be-
<br />tween the Owner and the Architect as set (arth in an ex-
<br />hibit appended to this Agreement, which shall describe
<br />the duties, respansibilities and limitations o( authority o(
<br />such Project Representatives.
<br />
<br />1.6.3 Through the observations by such Project Repre-
<br />sentatives, the Architect shall endeavor to provide further
<br />protection (or the Owner against defects and deficiencies
<br />in the Work, but the furnishing of such project representa-
<br />tion shall not modify the rights, responsibilities or obliga-
<br />tions of the Architect as described in Paragraph 1.5.
<br />
<br />1.7 ADDITIONAL SERVICES
<br />
<br />The fallowing Services are not included in Basic
<br />Services unless so identified in Article 15. They shall
<br />be provided if authorized or confirmed in writing by
<br />the Owner, and they shall be paid (or by the Owner
<br />as provided in this Agreement, in addition to the
<br />compensation for Basic Services.
<br />
<br />4 1141-1977
<br />
<br />AlA DOCUMENT .'4' . OWNU.ARCHIHCT AGREEMENT. THIRTEENTH EDITION. JULY 1m. AlA.. C> 1m
<br />THE AMERICAN INSTITUTE Of ARCHITECTS, '735 NEW YORK AVENUE. N,W., WASHINGTON, D,C. lOlIOl
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