Res 1986-061 - Laserfiche WebLink

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-6- the failure of any of them to carry out the Work in accordance with the Contract Documents unless such acts or omissions are due to negligence of the CONSULTANT or are acts or omissions under its control. However, CONSULTANT shall exercise its authority on behalf of OWNER in accordance herewith and particularly during the construction phase so that the means, methods, techniques, sequences and procedures of construction result in a project completed in accordance with the Contract Documents, and during said phase should CONSULTANT become aware of Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in CONSULTANT's opinion, will not result in completion of the PROJECT in accordance with the Contract Documents or which are unsafe, CONSULTANT shall immediately so inform OWNER and shall take all necessary action which it is authorized under this AGREEMENT to take to correct the matter. In such situations, the CONSULTANT shall have the right and power to immediately cease the Work by Contractor on the PROJECT. 3.4.9 Consult and advise the O~VNER: issue all instructions to the Contractor requested by the OWNER~ and prepare routine change orders as required for the OWNER's approval and execution in accordance with the Contract Documents, but shall not issue change orders not previously approved in writing by OWNER, and no course of conduct on the part of CONSULTANT or OWNER shall act to amend, waive or alter this provlslon. 3.4.10 Review samples, catalog data, sched.ules, shop d.rawings, laboratory, shop and mill tests of material, equlpment, and other data which the Contractor submits. The CONSULTANT shall review and make all decisions regarding the approval or taking of other appropriate action upon the Contractor's submittals such as ShOp Drawings, Product Data and Samples, Schedule of Val ues and progress schedule. Such action shall be taken with reasonable promptness, but generally not to exceed. fifteen (15) days, so as to cause no delay. 3.4.11 The CONSULTANT shall determine the amounts owing to the Contractor based on its on-site professional inspections and on evaluations of the Contractor's Applications for payment including comparisons of Contractor's monthly cost reports with his Applications for Payment, and shall make reconunendations for Payment in such amounts, as provided in the Contract Documents, or take such other appropriate action it deems necessary. 3.4.12 Reconunendations for payment shall constitute a representation by CONSULTANT to the OWNER, based on the CONSULTANT's on-site professional inspections at the site as prov idea in Subparagraph 3.4.7 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated: that, to the best of the CONSULTANT's knowledge, information and belief, the quality of the Work is in acceptable conformance with the Contract Documents (subject to an eval ua t ion of the Work for conformance with the Contract Documents upon Substantial Completion, subject to the results of any subsequent tests required by or performed