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§ 3.5.3 NEGOTIATED PROPOSALS
<br />§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
<br />§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
<br />.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and
<br />requesting their return upon completion of the negotiation process;
<br />.2 organizing and participating in selection interviews with prospective contrac ors, and
<br />.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
<br />report of the negotiation results, as directed by the Owner. I II
<br />§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
<br />shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
<br />§ 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 e ontractor as set
<br />forth below and in AIA Document A20 1 TM-2007, General Conditions of the Contract for ns ruction. I the Owner
<br />and Contractor modify AIA Document A201-2007, those modifications shall not affect th Ar hitect's s i s
<br />under this Agreement unless the Owner and the Architect amend this Agreement.
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<br />§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.
<br />Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
<br />Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
<br />sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
<br />Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
<br />Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not
<br />have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or o .ar1"y other
<br />persons or entities performing portions of the Work.
<br />§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
<br />with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
<br />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, or as otherwise
<br />required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
<br />completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
<br />Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
<br />be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On
<br />the basis of the site visits, the Architect shall keep the Owner reasonably informed about th progress and quality of
<br />the portion of the Work completed, and report to the Owner (1) known deviations from the o tract Docu erits and
<br />from the most recent construction schedule submitted by the Contractor, and (2) defects an d4iciencies observed in
<br />the Work.
<br />§ 3.6.2.2 The Architect shall reject Work that does not conform to the Contract Documents. Whenever the Architect
<br />considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work
<br />in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
<br />completed. However, neither this authority of the Architect nor a decision made in good faith either to exe
<br />not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
<br />Subcontractors, material and equipment suppliers, their agents or employees or other perso , or entities performing
<br />portions of the Work.
<br />§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, an
<br />Contract Documents on written request of either the Owner or Contractor. The Architect's
<br />shall be made in writing within any time limits agreed upon or otherwise with reasonable p
<br />uirements of, the
<br />nse to such re. uests
<br />AIA Document B101= - 2007 (formerly B151= - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br />All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction
<br />or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
<br />the maximum extent possible under the law. This draft was produced by AIA software at 08:58:13 on 08/05/2014 under Order No.24873850101
<br />which expires on 01/27/2015, and is not for resale.
<br />User Notes: (945321818)
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