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2004 S Purchasing - Corley Redfoot Zack Inc & Orange County for Parks Operation Base & Storage Facility
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2004 S Purchasing - Corley Redfoot Zack Inc & Orange County for Parks Operation Base & Storage Facility
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Last modified
4/26/2013 4:30:49 PM
Creation date
2/22/2011 11:57:39 AM
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BOCC
Date
8/17/2004
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
9a
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Agenda - 08-17-2004-9a
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\Board of County Commissioners\BOCC Agendas\2000's\2004\Agenda - 08-17-2004
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continuous on -site inspections to check the quality or quantity of the Work. The Architect shall <br />neither have control over or charge of, nor be responsible for, the construction means, methods, <br />techniques, sequences or procedures, or for safety precautions and programs in connection with <br />the Work, since these are solely the Contractor's rights and responsibilities under the Contract <br />Documents. See Article 12. . <br />2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents <br />and from the most recent construction schedule submitted by the Contractor. However, the <br />Architect shall not be responsible for the Contractor's failure to perform the Work in accordance <br />with the requirements of the Contract Documents. The Architect shall be responsible for the <br />Architect's negligent acts or omissions, but shall not have control over or charge of and shall not <br />be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or <br />employees, or of any other persons or entities performing portions of the Work. <br />2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or <br />progress. <br />2.6.8 Except as otherwise provided in this Agreement or when direct communications have been <br />specially authorized, the Owner shall endeavor to communicate with the Contractor through the <br />Architect about matters arising out of or relating to the Contract Documents. Communications <br />by and with the Architect's consultants shall be through the Architect. <br />2.6.9 CERTIFICATES FOR PAYMENT <br />2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue <br />certificates in such amounts. <br />2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, <br />based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data <br />comprising the Contractor's Application for Payment, that the Work has progressed to the point <br />indicated and that, to the best of the Architect's knowledge, information and belief, the quality of <br />the Work is in accordance with the Contract Documents. The foregoing representations are <br />subject (i) to an evaluation of the Work for conformance with the Contract Documents upon <br />Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of <br />minor deviations from the Contract Documents prior to completion, and (4) to specific <br />qualifications expressed by the Architect. <br />2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect <br />has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the <br />Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) <br />reviewed copies of requisitions received from Subcontractors and material suppliers and other <br />data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained <br />how or for what purpose the Contractor has used money previously paid on account of the <br />Contract Sum. <br />2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract <br />Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have <br />authority to require inspection or testing of the Work in accordance with the provisions of the <br />Contract Documents, whether or not such Work is fabricated, installed or completed. However, <br />neither this authority of the Architect nor a decision made in good faith either to exercise or not <br />to exercise such authority shall give rise to a duty or responsibility of the Architect to the <br />Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other <br />persons or entities performing portions of the Work. <br />WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. <br />®199.7 AIA® <br />AIA DOCUMENT 8151 -1997 <br />ABBREVIATED OWNER - <br />ARCHITECT AGREEMENT <br />The American Institute <br />of Architects <br />1735 New York Avenue, N.W. <br />Washington, D.C. 20006 -5292 <br />
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