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Res 1990-045
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Res 1990-045
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7/23/2007 11:49:06 AM
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7/23/2007 11:49:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1990-45
Date
4/23/1990
Volume Book
97
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<br /> not issue change orders not previously approved in writing by <br /> OWNER, and no course of conduct on the part of CONSULTANT or OWNER <br /> shall act to amend, waive or alter this provision. Routine change <br /> orders are those not requiring additional design but requiring <br /> minor changes in the construction cost. <br /> 3.4.10 Review samples, catalog data, schedules, shop <br /> drawings, laboratory, shop and mill tests of material, equipment, <br /> and other data which the Contractor submits. The CONSULTANT shall <br /> review and make all decisions regarding the approval or taking of <br /> other appropriate action upon the Contractor's submittals such as <br /> Shop Drawings, Product Data and Samples, Schedule of Values and <br /> progress schedule. Such action shall be taken with reasonable <br /> promptness, but generally not to exceed fifteen (15) days, so as <br /> to cause no delay. <br /> 3.4.11 The CONSULTANT shall determine the amounts owing to <br /> the Contractor based on its on-site professional inspections and <br /> on evaluations of the Contractor's Applications for payment <br /> including comparisons of Contractor's monthly cost reports with <br /> his Applications for Payment, and shall make recommendations for <br /> Payment in such amounts, as provided in the Contract Documents, or <br /> take such other appropriate action it deems necessary. <br /> 3.4.12 Recommendations for Payment shall constitute a <br /> representation by CONSULTANT to the OWNER, based on the <br /> CONSULTANT's on-site professional inspections at the site as <br /> provided in Subparagraph 3.4.7 and on the data comprising the <br /> Contractor's Application for Payment, that the Work has progressed <br /> to the point indicated; that, to the best of the CONSULTANT's <br /> knowledge, information and belief, the quality of the Work is in <br /> acceptable conformance with the Contract Documents (subject to an <br /> evaluation of the Work for conformance with the Contract Documents <br /> upon Substantial Completion, subject to the results of any <br /> subsequent tests required by or performed under the Contract <br /> Documents, subject to minor variations from the Contract Documents <br /> correctable prior to completion, and subject to any specific <br /> qualifications stated in the Certificate for Payment); and that <br /> the Contractor is entitled to payment in the amount certified. <br /> However, the issuance of a Certificate for Payment shall not be a <br /> representation that the CONSULTANT has made any examination to <br /> ascertain how and for what purpose the Contractor has used the <br /> monies paid on account of the Contract Sum. <br /> 3.4.13 The CONSULTANT shall have authority to reject Work <br /> which does not conform to the Contract Documents. Whenever, in <br /> the CONSULTANT's reasonable opinion, it is necessary or advisable <br /> for the proper implementation of the intent of the Contract <br /> Documents, and with the approval of the OWNER, the CONSULTANT will <br /> have authority to require special inspection or testing of the <br /> Work in accordance with the provisions of the Contract Documents, <br /> whether or not such Work be then fabricated, installed or <br /> -7- <br />
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