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Res 2004-152
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Res 2004-152
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7/28/2006 11:07:55 AM
Creation date
7/28/2006 10:56:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-152
Date
9/13/2004
Volume Book
157
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<br />I <br /> <br />I <br /> <br />I <br /> <br />progress and quality of the work, to determine if the work is proceedmg in acceptable <br />conformance with the construction contract documents, and to review the work with the CIty's <br />designated representatives. On the basis of such on-site inspections by the Engineer, the <br />Engineer will keep the CIty informed of the progress and quality of the work through wntten <br />status reports and through meetings with the City's representative; and wIll also be reasonably <br />available to perform site visitations at the specific request of the City by the next business day <br />after a request is made. <br /> <br />1.4.11 Not have control or charge of and will not be responsible for construction means, <br />methods, techniques, sequences or procedures, or for safety precautIons and programs III <br />connection with the work, for the acts or omissions of the Contractor, subcontractors or any other <br />persons performing any of the work, or for the failure of any of them to carry out the work 111 <br />accordance with the construction contract docllments unless such acts or omissIOns are due to the <br />neghgence of the Engineer or are acts or omissIOns under the Engineer's control. However, <br />Engineer will exercise its authority on behalf of City in accordance herewith and particularly <br />dUrIng the construction phase so that all work performed by the Contractor results in a ProJect <br />completed in accordance with the construction contract documents, and during any phase should <br />the Engineer become aware of the Contractor's utilization of means, methods, techmques, <br />sequences and/or procedures of construction which, in Engmeer's opinion, wIll not result III <br />completion of the Project in accordance with the construction contract documents; or which are <br />unsafe, Engineer will Immediately inform the City and will take all necessary actIOn whIch the <br />Engmeer IS authorized under this Agreement to take to correct the matter. <br /> <br />1.4.12 At all tImes have access to the work wherever it is m preparation or progress <br /> <br />1.4.13 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 mcludlllg <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 contract <br />documents, or take such other appropriate actiOn whIch the Engmeer deems necessary. <br /> <br />1.4.14 Make recommendations for payment that constItute a representatiOn by Engmeer to the <br />City, based on the Engineer's on-site inspectIOns as provided in subsection 1.4.10 and on the <br />data comprising the Contractor's applIcation for payment, that the work has progressed to the <br />point indicated; that, to the best of the Engineer's knowledge, informatIon and belIef, the qualIty <br />of the work is in acceptable conformance with the constmction contract documents (subJect to an <br />evaluation of the work for conformance with the construction contract documents upon <br />substantIal completion, subject to the results of any subsequent tests reqUIred by or performcd <br />under the constructiOn contract documents, subJect to minor variations from the construction <br />contract documents correctable prior to completion, and subject to any speCific quahfications <br />stated m the CertIficate for Payment); and that the Contractor is entitled to payment in the <br />amount certified. However, the issuance of a Certificate for Payment will not be a representatIOn <br />that the Engineer has made any examination to ascertain how and for what purpose the <br />Contractor has used the monies paid by the City. <br /> <br />6 <br />
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