R2016-76 AUTHORIZING CITY MANAGER TO ENTER INTO A CONSTRUCTION PROJECT MANAGMENT (Dewberry Architects)

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.4 preparing responses to questions from prospective bidders and providing clarifications and interpretations ofthe Bidding Documents to all prospective bidders in the form of addenda;and .5 organizing and conducting the opening of the bids,and subsequently dacumenting and distributing the bidding results,as directed by the Owner. § 3.5.23 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. I (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.'1 The Architect shall provide administration of the Contract betwecn the Owner and the Contractor as set focth below and in AIA Document A201 TM-20{l7,Genoral Conditions of the ConUacl for Canstruction.1 f the O�mer and Contrector modify A[A Document A201 -2007,those modifications shall not affect the Architect's services under this Ageement unless ihe Owner and!he Architect amand this Agreement. § 3.6.1.2 The Architect shall advise und consult with the Owner durin�the Construction Phase Services.'Tl�e Architect shall have suthority to act on behalf of the Owner only to the exte�t pravided in this AgeemenG The Architect shall not have control over,charge of,or responsibility for the consiruction means,melhods,techpiques, sequences or procedures,or for safety precautions and progams in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in eccordance with the requirements ofthe Contract Documents.The Architect shall be responsible for the Archi�ect's negligent acu or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work § 3.6.1.3 Subject to Section 4.3,chc Architoct's responsi6i{ity to provide Construction Phase Services commences with the award of the Cond'act for Construction and terminates on the date the Arct�itect issues the final Certificate for PaymenG § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect sha11 visit the site at intcrvals appropriate to the state of construction,or as otherwise required in Section 43.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicatin�that the Worl:,when fully completed,will be in accordance with the Contract Documents and the construction schedule. Mowever,the Architect shall not be required to ma1:e exhaustive or continuous on-site inspections to check the quality or quantity of tf�e Work.On the basis of the si�e visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(I)observed deviations from the Contract Documents and&om the most recent construction schedufe submitted by the ConLactor,and(2)apparent deFects and deficiencies observed in the Work. § 3.6.22 The Architect has the authority to recommend to the Owner ta reject Wak that daes not conForm to the Contract Documents.Whenever the Architect considers it necessary or edvisable,the Architect shall have the nuthority to recommend to the Owner to require inspection or testing of the Work in accordance with the�ovisions of the Contract Documents,whether or not such Work is fabricated,installed or compieted.However,neither this authority of the Architect nor a decision made in�ood faith either to exercise or not to exercise such au�aity shall give rise to a daty or responsibility of the Architect to the Contractor,Subcontractors,material end equipment supplias,their age�ts or employees or other persons or entities performing portions oFthe Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under,and requirements of,the Contract Documents on written request of either the Owner or Cantractor.The Architect's response to such requests shall be made in writing within any time limits ag�eed upon or oiherwise with r�anab[e promptness. § 3.6.24 Interpretations and decisions oFthe Architect shall be consistent with the intrnt of end reasonably inferable from the Contract Documents and shafl be in writing or in the form ofdrawings.When making such interpretations aod decisions,che Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show paniality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The AIA Doeument 8101 TM—2007(formMy B1NTM—1997}.Copyripht O 1974.1978.1SB7.1997 and T007 by The Amerlcan Instllute of Arehdeets.All�iyhb �n�' re�anad.W�NING:Thfa AIA'� Document Ia protected by U.S Gopyrtght Law and Infarnatlonal Treades.Unauthorized reproducdon or distrlhutlon s of thls AIA• Documant,or any poAlon ol k,may reault In savere clvil and criminal penalttee,and wfll be prosecuted to the mazlmum extent posslble � u nder the law.This doeument was produeed by AU1 sortware at 11 27.15 on 06I0812018 under Order No 8583709714 1 wh�ch e�lres on 07/012018.and'es rwtfa reaale. 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