Agmt18 ELS Architecture and Urban Design

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§1.2.2.2 The Consultant may recommend the rejection of Work that does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant shall have the authority to recommend inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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 exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, suppliers, their agents or employees, or other person or entities performing portions of the Work. §1.2.2.3 The Consultant shall interpret and recommend a decision on matters concerning performance under, and requirements of, the Contract Documents on written request of either the City or Contractor. The Consultant's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §1.2.2.4 Interpretations and recommendations of the Consultant shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and recommendations, the Consultant shall endeavor to secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or recommendations rendered in good faith. However, the City has the ultimate authority with any decisions that impact the cost or schedule of the project. §1.2.3 Certificates for Payment to Contractor §1.2.3.1 The Consultant shall review the amounts due the Contractor. The Consultant's review of payment shall constitute a representation to the City, based on the Consultant's evaluation of the Work as provided in Section 1.2.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount applied for. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Consultant. §1.2.3.2 The insurance 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 suppliers and other data requested by the City to substantiate 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. §1.2.3.3 The Consultant shall maintain a record of the Applications and Certificates for Payment. §1.2.4 Submittals §1.2.4.1 The Consultant shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Consultant's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Consultant's professional judgement, to permit an adequate review. ATTY/AGR.Amend. No.1/ELS Architecture and Urban Design (Page 10 of 1 S)