Res 2007-130 - Laserfiche WebLink

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I I I 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 the 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 phase so that all work performed by the Contractor results in a Project completed in accordance with the construction contract documents, and during any phase should the Engineer become aware of the Contractor's utilization of 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. However, the Engineer is not responsible for health or safety precautions of construction workers or the Contractor's compliance with the health and safety requirements in the construction contract, or with federal, state, and local occupational safety and health laws and regulations. 1.7.12 At all times have access to the work wherever it is in preparation or progress. I. 7 .13 Determine the amounts owing to the Contractor (in coordination with the City's review of requests for payment), 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 to the City in these amounts, as provided in the construction contract documents, or take such other appropriate action which the Engineer deems necessary. I. 7 .14 Make recommendations for payment that constitute a representation by Engineer to the City, based on the Engineer's on-site inspections as provided in subsection 1.7.8 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 (subject 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. Substantial and Final Completion. 1.7.15 Have authority to reject work which does not conform to the construction contract documents. Whenever, in the Engineer's reasonable opinion, it is necessary or advisable for the proper implementation of the intent of the construction contract documents, and with the approval of the City, the Engineer will have authority to require special inspection or testing of Davis Lane Wastewater Improvements Project - CH2M Hill 11