Res 2003-047 - Laserfiche WebLink

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omissions are due to the negligence of the Consultant or are acts or omissions under the Consultant's control. However, the Consultant will exercise its authority on behalf of the City so that all work performed by the construction contractor results in a project completed in accordance witb the construction contract documents. If the Consultant becomes aware of the construction contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in the Consultant's opinion, will not result in completion of the project in accordance with the coustruction contract documents or which are unsafe, the Consultant will immediately inform the City and will take all necessm3' action which the Consultant is authorized to take under the construction contract documents to correct the matter. E. Deten'nine the amounts owing to tile construction contractor based on its on-site professional inspections aad on evaluations of the construction contractor's applications roi' payment, including comparisons of the construction contractor's monthly cost reports with its applications for payment, and make recommendations for payment in these amounts, as provided in the construction contract documents, or take such other appropriate action which tile Consultant deems necessmy. Tile Consultant's recommendations for payment will constitute a representation by the Consultant to the City based on the Consultant's inspections and on the data comprising the construction contractor's application for payment, that 1) the work has progressed to the point indicated, 2) the quality of the work is in acceptable conformance with the construction contract docunlents (subject to an evaluation of the work of conformance with the construction contract documents upon substantial completion, subject to the results of any subsequent tests required by or performed under the construction contract documents, subject to minor variations fi'om the construction contract docunlents correctable prior to completion, and subject to any specific qualifications stated in the certificate ~br payment, and 3) the construction contractor is entitled to payment in the amount certified. However, the issuance ora certificate for payment will not be a representation that the Consultant has made any examination to ascertain how and for what purpose the construction contractor has used tile monies paid by tile city. F. Have authority to reject work which does not conform to the construction contract documents. Whenever it is necessary or advisable in the Consultant's opinion for the proper implementation of the intent of the constmctioa contract documents, and with the approval of the City, the Consultant will have attthority to reqnire special inspection or testing of the work in accordance witb the construction contract docm'nents, whether or not tile work is then fabricated, installed or completed. The Consultant will review the work and results of all testing laboratories as 2 required by the construction contract documents. G. Prepare minor changes ill the plans and specificatious as directed by the City; and prepare necessary change orders for approval by the City and execution in accordance with the constmctioa contract documents. The Consultant will not issue cbange orders not previously approved in writing by City, and no course of conduct oa tile part of the Consultant or tile City will amend, waive or alter this provision. l-h Conduct professional inspections to determine the dates of substantial completion and final completion for tile project, issue final certificates for payment or take other appropriate action, and make a written recommeadation to the City regarding the City's acceptance of the project. I. Review the completed Project with the City and tile Contractor prior to the end of the one year warranty period and have all deficient items corrected. The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during construction will not be modified or extended after the construction contract documents [lave been authorized by tile City to be competitively bid without written consent of the City and the Consultant and with notice to the Contractor. 4. Consultant's Records A. All expense records of the Consultant will be kept on a recognized accotmting basis acceptable to the City and will be available to tile City at mutually convenient times. (applies only if the Consultant is to be reimbursed for ally expenses) B. Tile City, its anditors and federal and state agencies that have moaitoring or auditing responsibilities for this Agreement will have access to aoy books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. C. The Consultant will fnrnish to the City at such time and in such form as tile City may reqnire, financial statemeats including audited finaocial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. 5. Ownership and Use of Documeuts A. All documents prepared by the Consultant in connection with this Agreement will become the property of the City whether aay project related to this Agreement is executed or not. B. The Consultant will retain all of its records and supporting documentation relating to this Agreement, and