Res 1995-103 - Laserfiche WebLink

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57]) -5- specific request of the City by the next business day after a request is made. 1.6.5 Not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents unless such acts or omissions are due to negligence of the ENGINEER or are acts or omissions under the ENGINEER's control. However, ENGINEER will exercise its authority on behalf of CITY in accordance herewith and particularly during the Construction Administration task so that all work performed by the Contractor results in a Project completed in accordance with the construction contract documents, and should the ENGINEER become aware of the Contractor's utilization of any means, methods, techniques, sequences and/or procedures of construction which, in ENGINEER's opinion, will not result in' completion of the Project in accordance with the construction contract documents or which are unsafe, ENGINEER will immediately inform the CITY and will take all necessary action which the ENGINEER is authorized under this Agreement to take to correct the matter. In such situations, the ENGINEER will have the right and power, with the concurrence of the CITY, to immediately cease the work by Contractor on the Project. . 1.6.6 At all times have access to the work wherever it is in preparation or progress. 1. 6.7 Determine the amounts owing to the Contractor based on its on-site professional inspections and on evaluations of the Contractor's applications for payment including comparisons of Contractor's monthly cost reports with its applications for payment, and will make recommendations for payment in these amounts, as provided in the ,construction contract documents, or take such other appropriate action which the ENGINEER deems necessary. 1. 6.8 Make recommendations for payment that constitute a representation by ENGINEER to the CITY, based on the ENGINEER's on-site observations as provided in Subsection 1.7.4 and on the data comprising the Contractor's application for payment, that the work has progressed to the point indicated; that, to the best of the ENGINEER's knowledge, information and belief, the quality of the work is in acceptable conformance with the construction contract documents (subj ect to an evaluation of the work for 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 from the construction contract documents correctable prior to completion, and subject to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the ENGINEER has made any examination to ascertain how and for what purpose the Contractor has used the monies paid by the CITY.