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Exhibit
<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 the Contractor as set
<br /> forth below and in AIA Document A241TM-2417, General Conditions of the Contract for Construction.If the Owner
<br /> and Contractor modify AIA Document A241-2417,those modifications shall not affect the Architect's services
<br /> under this 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
<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 of any other
<br /> 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.
<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 4.2.3,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 the progress and quality of
<br /> the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract
<br /> Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor,and(3)
<br /> defects and deficiencies 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
<br /> testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is
<br /> fabricated, installed or completed. However,neither this authority of the Architect nor a decision made in good faith
<br /> either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
<br /> Contractor, Subcontractors, suppliers,their agents or employees,or other persons or entities performing portions of
<br /> the Work.
<br /> §3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the
<br /> Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
<br /> shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
<br /> §3.6.2.4 Interpretations and decisions of the Architect 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 Architect 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 /> Architect'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 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that
<br /> term is defined in AIA Document A241-2417,the Architect shall render initial decisions on Claims between the
<br /> Owner and Contractor as provided in the Contract Documents.
<br /> §3.6.3 Certificates for Payment to Contractor
<br /> §3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
<br /> amounts. The Architect's certification for payment shall constitute a representation to the Owner,based on the
<br /> AIA Document B101 TM—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:
<br /> Init. This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document, 9
<br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This
<br /> document was produced by AIA software at 14:48:43 on 12/1212017 under Order No.3422979013 which expires on 11/08/2018,and is not for resale.
<br /> User Notes: (3139ADAI1))
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