Orange County NC Website
Owner. <br />3.2.2 The Consultant, as the representative of the Owner during the construction phase, shall <br />advise and consult with the Owner and issue the owner's instructions to the contractor; <br />the Consultant shall have the authority to act on behalf of the Owner to the extent <br />authorized by the Owner. The Consultant shall, at all times, have access to the work <br />whenever it is in preparation or progress. It is understood that the Consultant will have <br />a representative in the field during construction at periodic times. <br />3.2.3 The Consultant shall issue separate appropriate letters of Notice to Proceed to each <br />prime contractor, which shall fix and definitely establish the beginning date of Time of <br />Performance for each prime contract, and the required completion date. Copies of each <br />such letter issued by the Consultant shall be furnished to the Owner. <br />3.2.4 The Consultant shall arrange for, give written notice to all appropriate parties as to <br />time and place, and conduct apre-construction conference for each separate contract on <br />an agenda approved by the Owner. <br />3.2.5 The Consultant shall evaluate and approve the prime contractor's work schedule. The <br />Consultant shall establish and conduct a schedule of meetings as work progresses with <br />the prime contractor's representatives and representatives of the Owner. Such meetings <br />will be coordinated with scheduled site visits and will be maintained throughout the <br />entire construction period and shall be for the primary purpose of assessing the <br />progress of the work and taking such remedial actions as are necessary to assure the <br />required progress and completion within the contract time. The Consultant shall submit <br />to the Owner a full report of each meeting. <br />3.2.6 The Consultant shall require all sub-consultant's participating in the design of the <br />project to provide liaison and observation services with respect to their portion of the <br />design. <br />3.2.7 The Consultant shall not be responsible for, nor have control or charge of, construction <br />means, methods, techniques, sequences or procedures, or for safety precautions and <br />programs in connection with the project, and shall not be responsible for contractors' <br />failure to carry out work in accordance with the contract documents. The Consultant <br />shall not be responsible for, nor have control over, the acts or omissions of the <br />contractors, subcontractors, any of their agents or employees, or any other persons <br />performing any work. <br />3.2.8 Based on the Consultant's observations at the site, and an evaluation of the Project <br />Application for Payment, the Consultant shall determine the amounts owing to the <br />contractors and shall issue a Project Certificate for Payment in such amounts, as <br />provided in the contract documents. <br />3.2.9 The issuance of a Project Certificate for Payment shall constitute a representation by <br />the Consultant to the owner that, based on the Consultant's observations at the site and <br />on the data comprising the Project Application for Payment, work has progressed to the <br />point indicated; that, to the best of the Consultant's knowledge, information and belief, <br />the quality of work is in accordance with the contract documents subject to an <br />evaluation of work for conformance with the contract documents upon substantial <br />completion, to the results of any subsequent tests required by or performed under the <br />contract documents, to minor deviations from the contract documents correctable prior <br />to completion, and to any specific qualifications stated in the Project Certificate for <br />Payment; and that the contractors are entitled to payment in the amount certified. <br />However, the issuance of a Project Certificate for Payment shall not be a representation <br />-5- <br />