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Res 2001-220
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Res 2001-220
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7/11/2006 8:52:34 AM
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7/11/2006 8:52:23 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-220
Date
12/17/2001
Volume Book
145
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<br />Improvements with the City, prepares construction contract documents, and provides a complete <br />set of executed construction contract documents to the City. <br /> <br />2. The Developer agrees to ensure that all construction work on the Utility Improvements is <br />performed under the supervision and oversight ofthe Engineer, including the following: <br />A. Perform periodic inspections of the work in progress to ensure familiarity with the progress <br />and quality of the work, to determine if the work is proceeding in acceptable conformance <br />with the construction contract documents, and to review the work with the City's designated <br />representatives. The Engineer will perform these inspections at least monthly throughout <br />the construction period, will coordinate the inspections with the City's Department of <br />Environment and Engineering, and will provide written progress reports to the City based <br />on the inspections. <br />B. Review and render timely decisions on all contractor submittals, including shop drawings, <br />samples and as-built drawings. <br />C. Review, consult with the City, and render decisions on all requests by the Contractor for <br />significant changes to the plans, specifications or other construction documents. <br />D. Convey the City's instructions to the construction contractor (the "Contractor") for the <br />Utility Improvements. <br />E. NotifY the City and the Developer if the Engineer becomes aware of the Contractor's <br />utilization of means, methods, techniques, sequences and/or procedures of construction <br />which, in the Engineer's opinion, will not result in completion of the Utility Improvements <br />in accordance with the construction contract documents, or which are unsafe. <br />F. Determine the amounts owing to the Contractor based on the Engineer's on-site inspections <br />and on evaluations of the Contractor's applications for payment, and make <br />recommendations for payment in these amounts, or take such other appropriate action which <br />the Engineer deems necessary. The Engineer's recommendations for payment will <br />constitute a representation by the Engineer to the City based on the Engineer's inspections <br />and on the data comprising the Contractor's application for payment, that 1) the work has <br />progressed to the point indicated, 2) the quality of the work is in acceptable conformance <br />with the construction contract documents (subject to an evaluation of the work of <br />conformance with the construction contract documents upon substantial completion, subject <br />to the results of any subsequent tests required by or performed under the construction <br />contract documents, subject to minor variations from the construction contract documents <br />correctable prior to completion, and subject to any specific qualifications stated in the <br />certificate for payment), and 3) the Contractor is entitled to payment in the amount certified. <br />However, the issuance of a certificate for payment will not be a representation that the <br />Engineer has made any examination to ascertain how and for what purpose the Contractor <br />has used the monies paid by the City. <br />G. Have authority to reject work which does not conform to the construction contract <br />documents. Whenever it is necessary or advisable in the Engineer's opinion for the proper <br />implementation of the intent of the construction contract documents, and with the approval <br />of the Developer, the Engineer will have authority to require special inspection or testing <br />of the work in accordance with the construction contract documents, whether or not the <br />work is then fabricated, installed or completed. The Engineer will review the work and <br />results of all testing laboratories and render decisions thereon. <br /> <br />2 <br />
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