Laserfiche WebLink
<br />in connection with the work, for the acts or omissions of the Contractor, subcontractors or <br />any other persons performing any of the work, or for the failure of any of them to carry out <br />the work in accordance with the construction contract documents unless such acts or <br />omissions are due to the negligence of the Consultant or are acts or omissions under the <br />Consultant's control. However, Consultant will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that all work <br />performed by the Contractor results in a Project completed in accordance with the <br />construction contract documents, and during any phase should the Consultant become <br />aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br />procedures of construction which, in Consultant's opinion, will not result in completion of <br />the Project in accordance with the construction contract documents, or which are unsafe, <br />Consultant will immediately inform the City and will take all necessary action which the <br />Consultant is authorized under this Agreement to take to correct the matter. <br /> <br />1.5.13 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.5.14 Determine the amounts owing to the Contractor based on its on-site professional <br />inspections and on evaluations of the Contractor's applications for payment including <br />comparisons of Contractor's monthly cost reports with its applications for payment, and will <br />make recommendations for payment in these amounts, as provided in the construction <br />contract documents, or take such other appropriate action which the Consultant deems <br />necessary. <br /> <br />1.5.15 Make recommendations for payment that constitute a representation by Consultant <br />to the City, based on the Consultant's on-site inspections as provided in subsection 1.4.10 <br />and on the data comprising the Contractor's application for payment, that the work has <br />progressed to the point indicated; that, to the best of the Consultant's knowledge, <br />information and belief, the quality of the work is in acceptable conformance with the <br />construction contract documents (subject to an evaluation of the work for conformance with <br />the construction contract documents upon substantial completion, subject to the results of <br />any subsequent tests required by or performed under the construction contract documents, <br />subject to minor variations from the construction contract documents correctable prior to <br />completion, and subject to any specific qualifications stated in the Certificate for Payment); <br />and that the Contractor is entitled to payment in the amount certified. However, the <br />issuance of a Certificate for Payment will not be a representation that the Consultant has <br />made any examination to ascertain how and for what purpose the Contractor has used the <br />monies paid by the City. <br /> <br />1.5.16 Have authority to reject work which does not conform to the construction contract <br />documents. Whenever, in the Consultant's reasonable opinion, it is necessary or <br />advisable for the proper implementation of the intent of the construction contract <br />documents, and with the approval of the City, the Consultant will have authority to require <br />special inspection or testing of the work in accordance with the provisions of the <br />construction contract documents, whether or not such work is then fabricated, installed or <br />completed. The Consultant will review the work and results of all testing laboratories as <br /> <br />6 <br />