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e <br /> J <br /> 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- <br /> cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- <br /> requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, <br /> either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not <br /> such requests shall be made with reasonable promptness and modifv the rights,responsibilities or obligations of the Architect <br /> within anv time limits agreed upon. as described elsewhere in this agreement. <br /> 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES <br /> consistent with the intent of and reasonably inferable from the <br /> Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other <br /> drawings. When making such interpretations and initial deci- documents when such revisions are: <br /> sions, the Architect shall endeavor to secure faithful perfor- <br /> mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previoush, <br /> to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made neces- <br /> decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- <br /> 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget, <br /> tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws <br /> the Contract Documents. or regulations subsequent to the preparation of such <br /> 2.6.18 The Architect shall render written decisions within a documents, or <br /> reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- <br /> tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner <br /> tion or progress of the Work as provided in the Contract <br /> Documents. 3.3.2 Providing services required because of significant <br /> 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, qual- <br /> matters, including those in question between the Owner and ity, complexity, the Owner's schedule, or the method of bid- <br /> Contractor, except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction,except for <br /> vided in Subparagraph 2.6.17,shall be subject to arbitration as services required under Subparagraph 5.2 5 <br /> provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- <br /> tation and supporting data, evaluating Contractor's proposals, <br /> and providing other services in connection with Change <br /> ARTICLE 3 Orders and Construction Change Directives. <br /> ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- <br /> tutions proposed by the Contractor and making subsequent <br /> 3.1 GENERAL revisions to Drawings,Specifications and other documentation <br /> resulting therefrom. <br /> 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work <br /> in Basic Services unless so identified in Article 12,and they shall damaged vi fire or other cause during construction, and fur- <br /> be paid for by the Owner as provided in this Agreement, in <br /> addition to the compensation for Basic Services. The services nishing services required in connection with the replacement <br /> described under Paragraphs 3.2 and 3 4 shall only be provided of such Work. <br /> if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the <br /> described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the <br /> 3 3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or <br /> control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. <br /> mencing such services. If the Owner deems that such services <br /> described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of <br /> shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection <br /> indicates in writing that all or part of such Contingent Addi- With the Work. <br /> tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing. <br /> gation to provide those services. arbitration proceeding or legal proceeding except where the <br /> 3.2 PROJECT REPRESENTATION BEYOND BASIC .architect is party thereto <br /> SERVICES 3.3.9 Preparing documents for.alternate,separate or sequential <br /> 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding, negotia- <br /> described in Subparagraph 2 6 5 is required, the Architect shall tion or construction prior to the completion of the Construc <br /> provide one or more Project Representatives to assist in carry- tom Documents Phase <br /> ing out such additional on-site responsibilities. <br /> 3.4 OPTIONAL ADDITIONAL SERVICES <br /> 3.2.2 Project Representatives shall be selected, employed and <br /> directed bN the .architect, and the Architect shall be compen- 3.4.1 Providing analvses of the Owner s needs and program <br /> gated therefor as agreed by the Owner and Architect. The ming the requirements of the Project <br /> duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial teasihiht% or other special studICS <br /> Representatives .hall be as described in the edition of AIA <br /> DOCUmcni B352 current as of the date of this Agreement,unless 3.4.3 Providing planning sun evs, site evaluations or com- <br /> otherwise agreed. param e studies of prospective'ices <br /> AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT- FOURTEENTH EDITION-Alas - ©1997 <br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON.D C.20(X* 8141-1987 4 <br />