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Res 2003-015
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Res 2003-015
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Last modified
2/11/2004 9:43:12 AM
Creation date
8/28/2003 3:48:10 PM
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Template:
City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-15
Date
1/13/2003
Volume Book
150
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1.5.11 Not have control or charge of and will not be responsible for construction means, methods, <br />techniques, sequences or procedures, or for safety precautions and programs in connection with the <br />work, for the acts or omissions of the Contractor, subcontractors or any other persons performing <br />any of the work, or for the failure of any of them to carry out the work in accordance with the <br />construction contract documents unless such acts or omissions are due to the negligence of the <br />Consultant or are acts or omissions under the Consultant's control. However, Consultant will <br />exercise its authority on behalf of City in accordance herewith and particularly during the <br />construction phase so that all work performed by the Contractor results in a Project completed in <br />accordance with the construction contract docrunents, mad during any phase should the Consultant <br />become aware of the Contractor's utilization of means, methods, teclmiques, sequences and/or <br />procedures of construction which, in Consultant's opinion, will not result in completion of the <br />Project in accordance with the construction contract documents; or which are m~safe, Consultant will <br />immediately inform the City and will take ail necessary action which the Consultant is artthorized <br />under this Agreement to take to correct the matter. <br /> <br />i .5.12 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.5.13 Determine the amonnts owing to the Contractor based on its on-site professional inspections <br />mad on evaluations of the Contractor's applications for payment including comparisons of <br />Contractor's monthly co st reports with its applications for payment, and will make recommendations <br />for payment in these amounts, as provided in the construction contract documents, or take such other <br />appropriate action which the Consultant deems necessm'y. <br /> <br />1.5.14 Make recommendations for payment that constitute a representation by Consultmat to the <br />City, based on the Consultant's on-site inspections as provided in subsection 1.5.10 and on the data <br />comprising the Contractor's application for payment, that the work has progressed to the point <br />indicated; that, to the best of the Consultant's lmowledge, information and belief, the quality of the <br />work is in acceptable conformance with the construction contract docmnents (subject to ma <br />evaluation of the work for conformance with the construction contract documents upon substantial <br />completion, subject to the results of any subsequent tests required by or performed under the <br />construction contract documents, subject to minor variations from the construction contract <br />documents correctable prior to completion, and subject to may specific qualifications stated in the <br />Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. <br />However, the issuance ora Certificate for Payment will not be a representation that the Consultant <br />has made any examination to ascertain how and for what purpose the Contractor has used the monies <br />paid by the City. <br /> <br />1.5.15 Have authority to reject work which does not conform to the construction contract <br />docm,aents. Whenever, in the Consultant's reasonable opinion, it is necessary or advisable for the <br />proper ilnplementation of the intent of the construction contract documents, and with the approval <br />of the City, the Consultant will have authority to require special inspection or testing of the work in <br />accordance with the provisions of the construction contract documents, whether or not such work <br /> <br />Byre contmct,wpd 6 <br /> <br /> <br />
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