ARCHITECT/ENGINEER AND DESIGNATED INSPECTOR

7.1 Administration of the Contract 7.1.1. The Owner will provide general Administration of the Construction Contract, including performance of the functions hereinafter described, through the Owner's Representative. 7.1.2. The Owner, prior to the start of the Project, will inform the Contractor in writing the name of the Owner's Representative. If the Owner's Representative is changed during the course of the project the Owner will inform the Contractor in writing the name of the new Owner's Representative. If the Contractor has valid reasons for objecting said designation, Contractor shall so inform the Owner in writing and, if Owner deems Contractor's reasons valid, a different Owner's representative shall be chosen by the Owner. 7.1.3. The Owner may from time to time change the person or entity designated as Owner's Representative, or may - 55 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS assume and/or change the functions of the Owner's Representative, and the Architect/Engineer by notifying the Contractor in writing. 7.2 Duties of Architect/Engineer and the Owner's Representative 7.2.1. The Architect/Engineer is the person or entity who prepares the Drawings and Specifications for the Owner and is responsible for the analysis, design, and code compliance of the Project. 7.2.1.1. The Architect/Engineer will make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. 7.2.1.1.1. Based on on-Site observations, the Architect/Engineer will keep the Owner informed of the progress of the Work, and will endeavor to safeguard the Owner against defects and deficiencies in the Work. 7.2.1.1.2. The Architect/Engineer will be the Owner's representative for technical matters related to the Contract. 7.2.1.1.3. The Architect/Engineer will be the primary interpreter of the plans and specifications. 7.2.1.1.4. The Architect/Engineer and Owner's Representative will not be responsible for the acts or omissions of the Contractor, or any Subcontractor and vice-versa, or any of their agents or employees, or any other persons performing any of the Work. 7.2.2. The Owner's Representative will represent the Owner in the interpretation of all contractual and nontechnical matters. The Owner's Representative will have authority to act on behalf of the Owner to the extent provided in the Contract Documents. 7.2.2.1. All communications related to this Contract between the Contractor and Architect/Engineer shall be made thru the Owner's Representative, except that any party may directly communicate orally or by written communication with the others if authorized by the Owner's Representative, or in case of an Emergency. 7.2.2.2. The Owner's Representative may delegate some or all of his functions to Project Inspectors and/or Inspectors. 7.2.2.2.1. The Owner's Representative will inform the Contractor the name of the Project Inspectors and/or Inspectors. If the Contractor has a valid reason for not accepting the designated Project Inspector, he shall so inform the Owner in writing and if Owner deems the reason valid a different Owner's representative shall be chosen by the Owner. 7.2.2.2.2. Inspectors employed by the Owner, the Architect/Engineer and/or the Owner's Representative are authorized to inspect all work done and materials furnished, including the preparation, fabrication or manufacture of the materials to be used. 7.2.2.2.3. Inspectors also have the authority to reject any materials and work until any questions at issue can be resolved. 7.2.2.3. Owner's Representative and/or inspectors are not authorized to alter or waive the provisions of the 56 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS Contract, to issue instructions contrary to the plans and specifications, or to act as foremen for the Contractor. 7.2.2.4. Based on his observations and the Contractor's Application for Payment, the Owner's Representative will determine the amount owed to the Contractor and will recommend approval of Payment in such amount. 7.2.2.4.1. If the Owner so requires, Architect/Engineer will also review, and approve, the Contractor's Application for Payment. 7.2.2.5. The Owner's Representative will prepare Change Orders, and Extra Work Orders, in accordance with these General Conditions. 7.2.3. The Owner's Representative, the Architect/Engineer and/or the Owner shall at all times have access to the Work either in preparation or in progress. The Contractor shall provide access to the Work so that at all times Owner's Representative may perform his duties under the Contract Documents, and Contractor shall provide such information and assistance, as is required, to make a complete and detailed inspections. 7.2.3.1. If the Owner's Representative, and/or the Owner, request it, the Contractor, at any time before Final Acceptance of the Work, shall remove or uncover such portions of the finished Work as instructed After examination, the Contractor shall restore said portions of the Work to the standard required by the specifications. 7.2.3.1.1. Should the Work so exposed and examined prove acceptable, the uncovering, or removing, and the replacing of the covering will be paid by the Owner as extra work; but should the Work so exposed or examined prove unacceptable, the uncovering, removing, remediation and the replacing of the covering will be at the Contractor's expense. 7.2.3.1.2. Any Work done or materials used without supervision or inspection by an authorized Owner's representative may be ordered removed and replaced at the Contractor's expense unless the Owner representative failed to inspect after having been given a written notice of at least two (2) Working Days prior to the date in which Work was performed. 7.2.3.1.3. When any government agency or any utility is to accept or pay for any portion of the Work, its respective representatives shall have the right to inspect the Work. Such inspection shall not make the government agency or utility a party to the Contract. Contractor and Owner shall diligently perform all necessary actions to promote the timely inspection of the Work in a manner that does not affect the critical path. 7.2.3.1.4. The inspection of the Work and materials by the Owner shall not release the Contractor of any of his obligations under the Contract as prescribed in the plans, specifications and other Contract Documents. 7.2.3.1.5. The Owner's Representative will conduct inspections to determine the dates of Substantial Completion and final completion and will receive and review written guarantees and related documents submitted by the Contractor. 7.2.3.1.6. In case of any dispute between the Contractor and any one Project Inspector or Inspector as to materials furnished or the manner of performing the Work, the Project Inspector or the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Owner's Representative, within reasonable promptness, so at not to alter the critical path or modify substantially the float and the programmed progress of the job. 7.2..4. The Owner's Representative will be, in the first instance, the interpreter of the requirements of the Contract - 57 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS Documents, except as indicated in Article 7.2.1.3. The Owner's Representative will, within a reasonable time, render such interpretations that he, or the Contractor, if SO requested, may deem necessary for the proper execution or progress of the Work. 7.2.4.1. All interpretations and decisions of the Owner's Representative shall be consistent with the intent of the Contract Documents. In his capacity as interpreter, he will exercise his best efforts to insure faithful performance under the Contract. 7.2.4.2. Claims, disputes and other matters in question relating to the execution or progress of the Work or the interpretations of the Contract Documents shall be submitted initially to the Owner's Representative for a decision in accordance with Article 11. 7.2.5. The Owner's Representative will have authority to reject work only when such work does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable, to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Article 12.3 whether or not such Work is then fabricated, installed or completed. 7.2.5.1. However, neither the Owner's Representative's authority to act under this Article, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Owner, Owner's Representative or Architect/Engineer to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work, nor will the Contractor be released from any of his obligations under the Contract. 7.2.5.1.1. The Owner's Representative shall have the authority to stop the Work in whole or in part when such stoppage is necessary to insure the proper execution of the Work and compliance by contractor with the Contract.