Reso 2007-1186 - Laserfiche WebLink

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provided in the Contract Documents unless otherwise modified by written instrument in accordance with Subparagraph (18). (4) The Architect-Engineer shall provide periodic visits to the site as prescribed in Exhibit "D" to be generally familiar with the progress and the general quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. This Exhibit "D" by reference and attachment hereto forms a part of this Agreement. On the basis of such on-site observations of the Architect-Engineer, the Architect-Engineer shall keep the Owner informed of the progress and the general quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. (5) The Architect-Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, subcontractor or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the Contract Documents. The Architect-Engineer shall not be responsible for the Contractor. (6) The Architect-Engineer shall at all times have access to the Work wherever it is in preparation or progress. (7) Based on the Architect-Engineer's observations at the site, the recommendations of the Contractor and an evaluation of the Application for Payment, the Architect- Engineer shall determine the amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts, as provided in the Contract Documents. (8) The issuance of a Certificate for Payment shall constitute a representation by the Architect-Engineer to the Owner, based on the Architect's observation at the site and on the data comprising the Application for Payment. Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of Work is in accordance with the Contract Documents (subject to an evaluation of Work for conformance with the Contract Documents upon Substantial Completion, to the results or any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Project Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect-Engineer has made any examination to ascertain how or for what purpose the Contractor has used the monies paid on account of the Contract Sum. (9) Should disagreement occur between the Contractor and Architect-Engineer over acceptability of work and conformance with the requirements of the specifications 7 C0708-026 Spillis Candcla & Parlllcrs. Inc. d/b/a Spill is Candela DMJM Agreement