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Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

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2.3 Partial Occupancy or Use<br />

2.3.1 District's Right to Partial Occupancy. The District may occupy or use any completed or partially<br />

completed portion of the Work, provided that the District <strong>and</strong> the Contractor have accepted, in writing, the<br />

responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, utilities,<br />

damage to the Work, insurance <strong>and</strong> the period for correction of the Work <strong>and</strong> commencement of warranties<br />

required by the Contract Documents for such portion of the Work partially used or occupied by the District.<br />

If the Contractor <strong>and</strong> the District are unable to agree upon the matters set forth above, the District may<br />

nevertheless use or occupy any portion of the Work, with the responsibility for such matters subject to<br />

resolution in accordance with the Contract Documents. Immediately prior to such partial occupancy or use<br />

of the Work, or portions thereof, the District, the District's Inspector, the Contractor <strong>and</strong> the Architect shall<br />

jointly inspect the portions of the Work to be occupied or to be used to determine <strong>and</strong> record the condition<br />

of the Work. The District’s use or occupancy of the Work or portions thereof pursuant to the preceding<br />

shall not be deemed “completion” of the Work as that term is used in Public Contract Code §7107.<br />

2.3.2 No Acceptance of Defective or Nonconforming Work. Unless otherwise expressly agreed upon<br />

by the District <strong>and</strong> the Contractor, the District's partial occupancy or use of the Work or any portion thereof,<br />

shall not constitute the District's acceptance of the Work not complying with the requirements of the<br />

Contract Documents or which is otherwise defective.<br />

2.4 The District's Inspector. In addition to the authority <strong>and</strong> rights of the District's Inspector as provided for<br />

elsewhere in the Contract Documents, all of the Work shall be performed under the observation of the District's<br />

Inspector in accordance with the provisions of Title 24 of the California Code of Regulations. The District's<br />

Inspector shall have access to all parts of the Work at any time, wherever located, including shop inspections, <strong>and</strong><br />

whether partially or completely fabricated, manufactured, furnished or installed. The performance of the duties of<br />

the District's Inspector under the Contract Documents shall not relieve or limit the Contractor's performance of its<br />

obligations under the Contract Documents.<br />

ARTICLE 3: ARCHITECT<br />

3.1 Architect's Administration of the Contract<br />

3.1.1 Administration of Contract. The Architect will provide administration of the Contract as described<br />

in the Contract Documents, <strong>and</strong> will be one of the District's representatives during construction until the<br />

time that Final Payment is due the Contractor. The Architect will advise <strong>and</strong> consult with the District, the<br />

Project Manager <strong>and</strong> the District's Inspector with respect to the administration of the Contract <strong>and</strong> the<br />

Work. The Architect shall have the responsibilities <strong>and</strong> powers established by law, including Title 24 of the<br />

California Code of Regulations.<br />

3.1.2 Periodic Site Inspections. The Architect will visit the Site at intervals appropriate to the stage of<br />

construction to become generally familiar with the progress <strong>and</strong> quality of the completed Work <strong>and</strong> to<br />

determine, in general, if the Work is being performed in a manner indicating that the Work, when<br />

completed, will be in accordance with the Contract Documents. The Architect will not be required to make<br />

exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site<br />

observations as an architect, the Architect will keep the District informed of the progress of the Work, <strong>and</strong><br />

will endeavor to guard the District against defects <strong>and</strong> deficiencies in the Work.<br />

3.1.3 Contractor Responsibility for Construction Means, Methods <strong>and</strong> Sequences. The Architect<br />

will not have control over or charge of <strong>and</strong> will not be responsible for construction means, methods,<br />

techniques, sequences or procedures, or for safety precautions <strong>and</strong> programs in connection with the Work,<br />

these being solely the Contractor's responsibility. The Architect will not have control over or charge of <strong>and</strong><br />

will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or<br />

employees, or of any other persons performing portions of the Work.<br />

<strong>Citrus</strong> Community <strong>College</strong> District <strong>Bid</strong> Due Date: November 15, 2011 at 3:00: p.m.<br />

<strong>Bid</strong> <strong>#01</strong>-<strong>1112</strong> <strong>Library</strong> <strong>and</strong> <strong>Reprographics</strong> <strong>Roofing</strong> Project Page 42 of 96

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