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Res 1994-074
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Res 1994-074
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Last modified
6/28/2007 1:29:37 PM
Creation date
6/28/2007 1:29:37 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1994-74
Date
5/2/1994
Volume Book
115
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<br />l S-3£ <br /> -6- <br /> 1.3.5 The ARCHITECT and/or its consultants will make on-site <br /> observations at least once per week of all phases of the project <br /> often enough to ensure familiarity with the progress and quality <br /> of the work, to determine if the work is proceeding in acceptable <br /> conformance with the construction contract documents, and to <br /> review the work with the CITY's designated representatives. On <br /> the basis of such on-site observations by the ARCHITECT, the <br /> ARCHITECT will keep the CITY informed of the progress and quality <br /> of the work through written field reports and weekly meetings with <br /> the CITY's representative. <br /> The ARCHITECT will also be reasonably ftvailable to perform <br /> site visitations at the specific request of the City by the next <br /> business day after a request is made. <br /> 1. 3.6 The ARCHITECT will not have control or charge of and <br /> will not be responsible for construction means, methods, <br /> techniques, sequences or procedures, or for safety precautions and <br /> programs in connection with the work, for the acts or omissions of <br /> the Contractor, subcontractors or any other persons performing any <br /> of the work, or for the failure of any of them to carry out the <br /> work in accordance with the construction contract documents unless <br /> such acts or omissions are due to negligence of the ARCHITECT or <br /> are acts or omissions under the ARCHITECT's cGntrol. However, <br /> ARCHITECT will exercise its authority on behalf of CITY in <br /> accordance herewith and particularly during the construction phase <br /> so that all work performed by the Contractor results in a Project <br /> completed in accordance with the construction contract documents, <br /> and during any phase should the ARCHITECT become aware of any <br /> Contractor's utilization of means, methods, techniques, sequences <br /> and/or procedures of construction which, in ARCHITECT's opinion, <br /> will not result in completion of the Project in accordance with <br /> the construction contract documents or which are unsafe, ARCHITECT <br /> will immediately inform the CITY and will take all necessary <br /> action which the ARCHITECT is authorized under this Agreement to <br /> take to correct the matter. In such situations, the ARCHITECT <br /> will have the right and power, with the concurrence of the CITY, <br /> to immediately cease the work by Contractor on the Project. <br /> 1. 3.7 The ARCHITECT will at all times have access to the work <br /> wherever it is in preparation or progress. <br /> 1.3.8 The ARCHITECT will determine the amounts owing to the <br /> Contractor based on its on-site professional inspections and on <br /> evaluations of the Contractor's applications for payment including <br /> comparisons of Contractor's monthly cost reports with its <br /> applications for payment, and will make recommendations for <br /> payment in these ë;tmounts, as provided in the construction contract <br /> documents, or take such other appropriate action which the <br /> ARCHITECT deems necessary. <br /> 1. 3.9 Recommendations for payment will constitute a <br /> representation by ARCHITECT to the CITY, based on the ARCHITECT's <br /> on-site observations as provided in Subsection 1.3.5 and on the <br />
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