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Res 1999-047
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Res 1999-047
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8/21/2006 4:45:58 PM
Creation date
8/21/2006 4:45:23 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1999-47
Date
3/1/1999
Volume Book
136
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<br />Engineer's control. However, the Engineer will exercise its authority on behalf of the City <br />so that all work performed by the Contractor results in a Project completed in accordance <br />with the construction contract documents. If the Engineer becomes aware of the <br />Contractor's utilization of means, methods, techniques, sequences and/or procedures of <br />construction which, in the Engineer's opinion, will not result in completion of the Project in <br />accordance with the construction contract documents; or which are unsafe, the Engineer <br />will immediately inform the City and will take all necessary action which the Engineer is <br />authorized to take under this Agreement and the construction contract documents to <br />correct the matter. <br /> <br />1.2.6 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 <br />make recommendations for payment in these amounts, as provided in the construction <br />contract documents, or take such other appropriate action which the Engineer deems <br />necessary. The Engineer's recommendations for payment will constitute a representation <br />by the Engineer to the City based on the Engineer's inspections and on the data <br />comprising the Contractor's application for payment, that 1) the work has progressed to the <br />point indicated, 2) the quality of the work is in acceptable conformance with the <br />construction contract documents (subject to an evaluation of the work of 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 3) the Contractor is entitled to payment in the amount certified. However, the issuance <br />of a certificate for payment will not be a representation that the Engineer has made any <br />examination to ascertain how and for what purpose the Contractor has used the monies <br />paid by the City. <br /> <br />1.2.7 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 forthe proper <br />implementation of the intent of the construction contract documents, and with the approval <br />of the City, the Engineer will have authority to require special inspection or testing of the <br />work in accordance with the construction contract documents, whether or not the work is <br />then fabricated, installed or completed. The Engineer will review the work and results of <br />all testing laboratories as required by the construction contract documents. <br /> <br />1.2.8 Prepare minor changes in the plans and specifications as directed by the City; and <br />prepare necessary change orders in triplicate originals for approval by the City and <br />execution in accordance with the construction contract documents. The Engineer will not <br />issue change orders not previously approved in writing by City, and no course of conduct <br />on the part of the Engineer or the City will amend, waive or alter this provision. <br /> <br />1.2.9 Conduct professional inspections to determine the dates of substantial completion <br />and final completion for the Project, issue final certificates for payment or take other <br /> <br />3 <br />
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