Res 2005-144 - Laserfiche WebLink

Home Browse Search

construction contract documents that do not affect the validity of performance bonds. 1.6.18 Be a representative but not an agent of the City, and advise and consult with the City and provide written progress reports and advice to the City; forward the City's instructions to the construction contractor unless 1) the Consultant is unavailable in person or by telephone to issue instructions necessary for the proper progress and acceptance of work, 2) jeopardy to life and/or property exists, or 3) lack of instructions and/or unavailability of the Consultant will, in the City's opinion, result in harm to the City, in which cases the Ci.ty may forward instructions directly to the construction contractor; have authority to act on behalf of the City only to the extent provided herein and in the construction contract documents. The City will advise the Consultant of any instructions issued directly by the City to the construction contractor if the Consultant was unavailable at the time of issuance of the instructions. 1.6.19 Make on-site professional inspections of the Project to ensure familiarity with the progress and quality of the work, to determine if the work is proceeding in acceptable conformance with the construction contract documents, and to review the work with the City's designated representatives. On the basis of these inspections, the Consultant will keep the City informed of the progress and quality of the work through written status reports. The Consultant will also be reasonably available to perform site visitations at the specific request of the City by the next business day after a request is made. 1.6.20 Not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the construction contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents, unless the acts or omissions are due to the negligence of the Consultant or are acts or omissions under the Consultant's control. However, the Consultant will exercise its authority on behalf of the City so that all work performed by the construction contractor results in a Project completed in accordance with the construction contract documents. If the Consultant becomes aware of the construction contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in the Consultant's opinion, will not result in completion of the Project in accordance with the construction contract documents or which are unsafe, the Consultant will immediately inform the City and will take all necessary action which the Consultant is authorized to take under the construction contract documents to correct the matter. 1.6.21 Determine the amounts owing to the construction contractor based on its on-site professional inspections and on evaluations of the construction contractor's applications for payment, including comparisons of the construction contractor's monthly cost reports with its applications for payment, and make recommendations for payment in these amounts, as provided in the construction contract documents, or take such other appropriate action which the Consultant deems necessary. The Consultant's recommendations for payment will constitute a representation by the Consultant to the City based on the Consultant's inspections and on the data comprising the construction contractor's application for payment, that 1) the work has Langford Contract 6