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representation to the City, based on such visits and the data comprising the <br /> Application for Payment, that the Work has progressed to the point indicated. <br /> 3.5.8 By issuing a Certificate for Payment, the Architect will also represent to the <br /> City that, to the best of its knowledge, information and belief based on what its <br /> observations have revealed, the quality of the Work is in accordance with the <br /> Contract Documents. Architect will conduct inspections to determine the dates of <br /> substantial and final completion and issue a final Certificate for Payment. <br /> 3.5.9 The Architect shall be a representative of the City during the Construction <br /> Phase, and shall advise and consult with the City. The Architect shall provide <br /> advice and recommendations to the City and Contractor regarding coordination of <br /> Work. Instructions to the Subcontractors shall be forwarded through the <br /> Contractor. The Architect shall have authority to act on behalf of the City only to <br /> the extent provided in the Contract Documents unless otherwise modified by <br /> written instrument. The Architect is an independent contractor and shall not in <br /> any way be considered an agent or employee of the City. <br /> 3.5.10 The Architect shall provide construction administration, including Site visits <br /> and written field reports for each Site visit, and Certificates for.Payment as required <br /> to fulfill the Architect's responsibilities and duties as set forth in this Agreement <br /> and as required by good practice, by the Contract Documents (to the extent not <br /> inconsistent with this Agreement), by applicable law, or by further direction of the <br /> City. All Site visits and reports are included in Basic Services unless made for the <br /> purpose of Additional Services. The reports shall include any defects in <br /> construction or deviations from the Drawings and Specifications and any corrective <br /> orders given to the Contractor(s). <br /> 3.5.11 The Architect shall act as an interpreter of the requirements of the Contract <br /> Documents and, when requested by the City, the judge of the performance <br /> thereunder by both the City and the Contractor. The Architect shall render <br /> interpretations necessary for the proper execution or progress of the Work with <br /> reasonable promptness on written request of either the City or the Contractor, and <br /> shall render written decisions, as promptly as practicable, on claims, disputes, and <br /> other matters in question between the City and the Contractor relating to the <br /> execution or progress of the Work or the interpretation of the Contract Documents. <br /> 3.5.12 Interpretations and decisions of the Architect shall be consistent with.the <br /> intent of and reasonably inferable from the Contract Documents and shall be in <br /> written or graphic form. <br /> 3.5.13 The Architect's decisions in matters relating to artistic effect shall be rendered <br /> only after consultation with and concurrence of the City and shall be final if <br /> consistent with the intent of the Contract Documents. <br /> -7- <br />