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2001-178-RES APPROVING/AUTHORIZING CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMETN BETWEEN COP AND HAYTER ENG INC
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2001-178-RES APPROVING/AUTHORIZING CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMETN BETWEEN COP AND HAYTER ENG INC
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8/18/2006 4:29:23 PM
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1/10/2002 5:27:17 PM
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CITY CLERK
Doc Name
2001
Doc Type
Resolution
CITY CLERK - Date
11/12/2001
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<br />selected by CONTRACTOR or for safety precautions and programs incident to the work. or for <br />any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to <br />CONTRACTOR'S work Accordingly, ENGINEER can neither guarantee the performance of <br />the construction contracts by CONTRACTOR, nor assume responsibilily for CONTRACTOR'S <br />failure to furnish and perform their work in accordance with the contract do1cuments <br /> <br />2.5.3 IntPrprf't:::ttinn<::. ~nci rl:::trit1r.Minn<::. <br /> <br />ENGINEER shall issue necessary interpretations and clarifications of the contract documents and <br />in connection therewith prepare work directive changes and change orders. as required. <br /> <br />2.5.4 Shop Drawing< /I; SlIh<titlltP.< <br /> <br />ENGINEER shall review or take appropriate action, on substitute materials proposed by <br />CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to <br />submil, but only for general conformance with the design concept of the project and the information <br />given in the contract documents. Such review shall not extend to means, methods, techniques, <br />sequences or procedures of construction or to safety precautions and programs incident thereto. <br /> <br />2.5.5 In"rpr.tinn" :::Inri Tp"-t, <br /> <br />ENGINEER shall have authority, as OWNER'S representative, to require special inspection or testing <br />of the work, and shall receive and review all certificates of inspections, testing and approvals required <br />by laws, regulations, codes, orders or the contract documents, to determine generally that their content <br />complies with the requirements of, and the results certified indicate compliance with, the contraL'! <br />documents. <br /> <br />2.5.6 ni<plltp.< hp.twp.p.n OWNFR ann rONTRArTOR <br /> <br />ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptabilitv of <br />the work, and make decisions on all claims of OWNER and CONTRACTOR relating to the <br />acceptability of the work or the interpretation of the requirements of the contract documents. <br />ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good <br />t~lith. <br /> <br />25.7 Application< Inf Paymp.nt <br /> <br />Based on ENGINEER'S observations as an experienced and qualified design professional, on <br />informalion provided by the on-site observer and on review of applications for payment and the <br />accompanying data and schedules; ENGINEER shall determine the amount owed to CONTRACTOR <br />and recommend in writing payments to CONTRACTOR. This recommendation will constitute a <br />representation to OWNER that the work has progressed to the point indicated, and that, to the best of <br />ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance <br />with the contract documents However, ENGINEER will not thereby be deemed to have made <br />exhaustive, continuous or detailed reviews or examinations to check the quality or quantity of <br />CONTRACTOR'S work as it is furnished, beyond the responsibilities specitically assigned III <br />ENGINEER in this Agreement and the contract documents. ENGINEER'S review of <br />CONTRACTOR'S work for the purpose of recommending payments will also not impose <br /> <br />8 of 10 <br />
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