RES 90125 - Laserfiche WebLink

Documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The CONSULTANT shall at all times have access to the Work wherever it is in prepara- tion or progress. 2.4.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the CITY and Contractor shall communicate through the CONSULTANT. Communications by and with the CONSULTANT's consultants shall be through the CONSULTANT. 2.4.9 Based on the CONSULTANT's observations and evaluations of the Contractor's Applications for Payment, the CONSULTANT shall review and certify the amounts due the Contractor. 2.4.10 The CONSULTANT's certification for payment shall constitute a representation to the CITY, based on the CONSULTANT's observations at the site as provided in Subparagraph 2.4.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspec- tions, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the CITY to substan- tiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.4.11 The CONSULTANT shall advise the CITY to reject Work which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents, the CONSULTANT will h ave authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated installed or completed. However, neither this authority of the CONSULTANT nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the CONSULTANT to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. C4