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2000-206
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2000-206
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Last modified
4/22/2024 12:34:03 PM
Creation date
4/22/2024 12:30:31 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/20/2000
Control Number
2000-206
Agenda Item Number
11.C.2.
Entity Name
Edlund & Dritenbas Architects Design & Construction Services
Subject
Addition to North County Library
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40 <br />t! <br />r <br />C-3 <br />2.8.1.8 initial interpretations and decisions of the Architect shall be consistent with the intent of <br />and reasonably inferable from the Contract Documents and shall be in writing or in the <br />form of drawings. When making such initial interpretations and initial decisions, the <br />Architect shall endeavor to secure faithful performance by both Owner and Contractor, <br />shall not show partiality to either, and shall not be liable for the results of initial <br />interpretations or decisions so rendered in good faith. <br />2.6.1.9 The Architect shall render recommendations on claims, disputes or other matters in <br />question between the Owner and Contractor as provided in the Contract documents. <br />However, the Architect's decisions on matters relating to aesthetic effect shall be final if <br />consistent with the Intent expressed in the Contract Documents. <br />2.6.2.2 The Architect shall report to the Owner in writing known deviations from the Contract <br />Documents and from the most recent construction schedule submitted by the Contractor. <br />2.6.2.4 Except as otherwise provided in this Agreement, the Owner shall initially endeavor to <br />communicate with the Contractor lhraugh the Architect about matters arising out of or <br />relating to the Contract Documents. Communications by and with the Architect's <br />consultants shall be through the Architect. <br />2.6.2.5 The Architect shall reject Work that does not conform to the Contract Documents. <br />Whenever the Architect considers it necessary or advisable, the Architect will have <br />authority to require inspection or testing of the Work in accordance with the provisions of <br />the Contract Documents, whether or not such Work is fabricated, installed or completed. <br />However, neither this authority of the Architect nor a decision made in good faith either to <br />exercise or not to exercise such authority shall give rise to a duty or responsibility of the <br />Architect or the Owner to the Contractor, Subcontractors, material and equipment <br />suppliers, their agents or employees or other persons or entities performing portions of <br />the Work. <br />2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue <br />Certificates for Payment in such amounts. The Architect's certification for payment shall <br />constitute a representation to the Owner, based on the Architect's evaluation of the Work <br />as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application <br />for Payment, that the Work has progressed to the point indicated and that, to the best of <br />the Architect's knowledge, information and belief, the quality of the Work is in accordance <br />with the Contract Documents. The foregoing representations are subject to correction of <br />minor deviations from the Contract Documents prior to completion and to specific <br />qualifications expressed by the Architect. The issuance of a Certificate for Payment shall <br />further constitute a representation that the Contractor is entitled to payment in the amount <br />certified. <br />2.6,5,1 The Architect shall prepare Change Orders and Construction Change Directives for the <br />Owner's approval and execution in accordance with the Contract Documents. The <br />Architect may, with the prior approval of the Owner, authorize minor changes in the Work <br />not involving an adjustment in Contract Sum or an extension of the Contract Time which <br />are consistent with the intent of the Contract Documents. If necessary, the Architect shall <br />prepare, reproduce and distribute Drawings and Specifications to describe Work to be <br />added, deleted or modified, as provided In Paragraph 2.8.2. <br />
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