CC - Agendas - City Council - REGULAR - 7/23/2013

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2.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2 shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.5 The Architect, as a representative of the Owner, shall visit the site at twice weekly intervals, or as otherwise agreed by the Owner and the Architect, 1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the work completed, 2) to endeavor to guard the Owner against defects and deficiencies in the Work, and 3)to determine in general if the Work 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 and quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the 116, Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.7 The Architect shall at all times have access to the Work wherever it is on preparation or progress. 2.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.9 CERTIFICATES OF PAYMENT 2.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.9.2 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 2.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject 1)to an evaluation of the Work for conformance with the Contract Documents upon substantial completion, 2) to results