Laserfiche WebLink
<br />techniques, sequences or procedures, or for safety. <br />precautions and programs in connection with the work, <br />for the acts or omissions of the construction contractor, <br />subcontractors or any other persons performing any of <br />the work, or for the failure of any of them to carry out <br />the work in accordance with the construction contract <br />documents. unless the acts or omissions are due to the <br />negligence of the Consultant or are acts or omissions <br />under the Consultant's control. However, the <br />Consultant will exercise its authority on behalf of the <br />City so that all work performed by the construction <br />contractor results in a project completed in accordance <br />with the construction contract documents. If the <br />Consultant becomes aware of the construction <br />contractor's utilization of means, methods, techniques, <br />sequences and/or procedures of construction which, in <br />the Consultant's opinion., will not result in completion <br />of the project in accordance with the construction <br />contract documents or which are unsafe, the Consultant <br />will immediately inform the City and will take all <br />necessary action which the Consultant iS,authorized to <br />take under the construction contract documents to <br />correct the matter. <br /> <br />(e) Determine the amounts owing to the construction <br />contractor based on its on-site professional inspections <br />and on evaluations of the construction contractor's <br />applications for payment, including comparisons of the <br />construction contractor's monthly cost reports with its <br />applications for payment, and make recommendations <br />for payment in these amounts, as provided in the <br />construction contract documents, or take such other <br />appropriate action which the Consultant deems <br />necessary. The Consultant's recommendations for <br />payment will constitute a representation by the <br />Consultant to the City based on the Consultant's <br />inspections and on the data comprising the construction <br />contractor's application for payment, that 1) the work <br />has progressed to the point indicated, 2) the quality of <br />the work is in acceptable conformance ""ith the <br />construction contract documents (subject to an <br />evaluation of the work of conformance with the <br />construction contract documents upon substantial <br />completion., subject to the results of any subsequent <br />tests required by or performed under the construction <br />contract documents, subject to minor variations from <br />the construction contract documents correctable prior <br />to completion, and subject to any specific qualifications <br />stated in the certificate for payment, and 3) the <br />construction contractor is entitled to payment in the <br />amount certified. However, the issuance of a <br />certificate for payment will not be a representation that <br />the Consultant has made any examination to ascertain <br />how and for what purpose the construction contractor <br /> <br />has used the monies paid by the City. <br /> <br />(f) Have authority to reject work which does not <br />conform to the construction contract documents. <br />Whenever it is necessary or advisable in the <br />Consultant's opinion for the proper implementation of <br />the intent of the construction contract documents, and <br />with the approval of the City, the Consultant will have <br />authority to require special inspection or testing 0 f the <br />work in accordance with the construction contract <br />documents, whether or not the work is then fabricated, <br />installed or completed. The Consultant will review the <br />work and results of all testing laboratories as required <br />by the construction contract documents. <br /> <br />(g) Prepare minor changes in the plans and <br />specifications as directed by the City; and prepare <br />necessary change orders for approval by the City and <br />execution in accordance with the construction contract <br />documents. The Consultant will not issue change <br />ordcrs not previously approved in writing by City, and <br />no course of conduct on the part of the Consultant or <br />the City will amend, waive or alter this provision. <br /> <br />(h) Conduct professional inspections to determine the <br />dates 0 f substantial completion and final comp letion for <br />the project, issue fmal certificates for payment or take <br />other appropriate action, and make a written <br />recommendation to the City regarding the City's <br />acceptance of the project. <br /> <br />(i) Review the completed Project with the City and the <br />Contractor prior to the end of the one year warranty <br />period and have all deficient items corrected. The <br />extent of the duties, responsibilities and limitations of <br />authority of the Consultant as the City's representative <br />during construction will not be modified or extended <br />after the construction contract documents have been <br />authorized by the City to be competitively bid without <br />written consent of the City and the Consultant and ""ith <br />notice to the Contractor. <br /> <br />4. Consultant's Records <br /> <br />(a) All expense records of the Consultant will be kept <br />on a recognized accounting basis acceptable to the City <br />and ",ill be available to the City at mutually convenient <br />times. (applies only if the Consultant is to be <br />reimbursed for any expenses) <br /> <br />(b) The City, its auditors and federal and state agencies <br />that have monitoring or auditing responsibilities for this <br />Agreement will have access to any books, documents, <br />papers and records of the Consultant which are directly <br />