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require special inspection or testing of the work, and shall receive and review all certificates of inspections,
<br />testings and approvals as required by laws, rules, regulations, ordinances, codes, orders or the contract
<br />documents to determine that the work complies with the requirements of, and that the results certified indicate
<br />compliance with the Technical Specifications, General Conditions and Supplemental Conditions.
<br />1.7.9. Based on Consultant's on-site observations as an experienced and qualified design
<br />professional and on review of applications for payment and the accompanying data and schedules, Consultant
<br />shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in
<br />such amounts. Such recommendations of payment will constitute a representation to City, based on such
<br />observations and review, that the work has progressed to the point indicated, and that, to the best of
<br />Consultant's knowledge, information and belief, the quality of such work is in general accordance with the
<br />Construction Drawings and Technical Specifications subject to (1) an evaluation of such work as a functioning
<br />whole prior to or upon substantial completion; (2) the results of any subsequent tests called for in the contract
<br />documents and (3) any other qualification reasonably stated in the recommendation(s). With regard to unit
<br />price work, Consultant's recommendations of payment shall include final determinations of quantities and
<br />classifications of such work subject to any subsequent adjustments allowed by the Construction Drawings,
<br />Technical Specifications, General Conditions, Supplemental Conditions or terms and conditions of the
<br />construction contract for the Project. Consultant may withhold payment requests, in whole or in part, to the
<br />extent reasonably necessary to protect the City. If the Consultant is unable to certify payment in the amount of
<br />the application, Consultant shall within twenty (20) calendar days, advise the contractor of the reasons for
<br />withholding certification, in whole or in part, and the actions necessary to make the payment request proper.
<br />Consultant shall promptly certify payment of the amount which Consultant can certify. If the contractor takes
<br />action to make the rejected payment request proper and re-submits for approval of the whole or portion
<br />previously rejected, Consultant and City shall reject or accept the payment within ten (10) calendar days.
<br />1.7.10. Consultant's review of contractor(s)' work for the purposes of recommending payments will not
<br />require Consultant to supervise, direct or control such work for the means, methods, techniques, sequences,
<br />or procedures of construction or safety precautions or programs incident thereto. Nor will it require Consultant
<br />to ensure the contractor(s)' compliance with laws, rules, regulations, ordinances, codes or orders applicable to
<br />their furnishing and performing the construction work. Nor will it require Consultant to make any examination
<br />to ascertain how or for what purpose any contractor has used the monies paid on account of the contract
<br />price, or to determine that title to any of the work, materials or equipment has passed to City free and clear of
<br />any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between
<br />City and contractor that might affect the amount that should be paid. The limitations in this section shall not
<br />limit the responsibility of Consultant otherwise set forth in this Agreement.
<br />1. 7 .11 . Consultant is NOT authorized to do the following:
<br />a . Expedite the Work for the contractor(s).
<br />b. Advise the contractor(s) on building techniques or scheduling.
<br />c. Get involved in disputes or problems between contractor(s) and sub-subcontractor(s).
<br />1.7.12. Consultant shall receive and review maintenance and operating instructions, schedules,
<br />guarantees, bonds and certificates of inspection, tests and approvals, which will be assembled by contractor(s)
<br />in accordance with the construction contract. Such review shall be limited to a determination by Consultant
<br />that the content of said documents and instruments complies with the construction contract. In the case of
<br />certificates of inspection, tests and approvals, such review shall be limited to a determination that the results
<br />certified indicate compliance with the construction contract. Consultant shall thereafter transmit said
<br />documents and instruments to the City with written comments and, if applicable, recommendations regarding
<br />same, prior to determination of substantial completion.
<br />1.7.13. At substantial completion of the construction work, Consultant shall: (1) conduct inspection(s)
<br />to develop the "punchlist" and to determine if the work is substantially complete; such inspection to be
<br />scheduled within three (3) days of notice of substantial completion. Said punch list shall be prepared and
<br />signed by Consultant and Owner and delivered to the contractor not later than three (3) calendar days after the
<br />walkthrough; (2) if necessary, act as mediator between City and contractor to develop an agreed punch list; (3)
<br />Form -PSA CCNA Master 091914
<br />Erdman Anthony -14919
<br />101114
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