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1.5.10 <br /> <br />1.5.11 <br /> <br />1.5.12 <br /> <br />1.5.13 <br /> <br />1.5.14 <br /> <br />1.5.15 <br /> <br />1.5.16 <br /> <br />work for conformance with the contract documents upon substantial completion, to the <br />results of any subseqbent tests required by or performed under the contract documents, to <br />minor deviations from the contract documents correctable prior to completion, and to any <br />specific qualifications stated in the Project Certificate for Payment; and that the <br />contractors are entitled to payment in the amount certified. However, the issuance of a <br />Project Certificate for Payment shall not be a representation that the Consultant has made <br />any examination to ascertain how or for what purpose the contractors have used the <br />monies paid on account of the contract SUMS. <br /> <br />The Consultant shall be interpreter of the requirements of the contract documents and the <br />judge of the performance thereunder by both the County and the contractors. The <br />Consultant shall render interpretations necessary for the proper execution of progress of <br />work, with reasonable promptness and in accordance with agreed upon time limits. The <br />Consultant shall render written decisions, within a reasonable time, on all claims, <br />disputes, and other matters in question between the County and the contractors relating to <br />the execution or progress of work or the interpretation of the contract documents. <br /> <br />All interpretations and decisions of the Consultant shall be consistent with the intent of, <br />and reasonably inferable from, the contract documents, and shall be in writing or in <br />graphic form. In the capacity of interpreter and judge, the Consultant shall endeavor to <br />secure faithful performance by both the County and the contractors and shall not show <br />partiality. <br /> <br />The Consultant's decision in matters relating to artistic effect shall be final if consistent <br />with the intent of the contract documents. The Consultant's decisions on any other <br />claims, disputes or other matters, including those in question between the County and the <br />contractor(s) is subject to the provisions of the agreement to which this document is <br />attached. <br /> <br />The Consultant shall have authority to reject work which does not conform to the contract <br />documents, and whenever, in the consultant's opinion, it is necessary or advisable for the <br />implementation of the intent of the contract documents, the Consultant shall have <br />authority to require special inspection or testing of work in accordance with the <br />provisions of the contract documents, whether or not such work be then fabricated, <br />installed or completed; but the Consultant shall take such action only after consultation <br />with the owner. <br /> <br />The Consultant shall receive contractors' submittals such as shop drawings, product data, <br />and samples and shall review and approve or take other appropriate action upon them, but <br />only for conformance with the design concept for the project and with the information <br />given in the contract documents. Such action shall be taken with reasonable promptness <br />so as to cause no delay. The Consultant's approval of a specific item shall not indicate <br />approval of an assembly of which the item is a component. <br /> <br />The Consultant shall prepare, review and sign, or take other appropriate action on change <br />orders for the owner's authorization in accordance with the contract documents. <br /> <br />The Consultant shall have authority to order minor changes in work not involving an <br />adjustment in a contract sum or an extension of a contract time and which are not <br />inconsistent with the intent of the contract documents. Such changes shall be affected by <br />written order issued through the Consultant. <br /> <br />Woolpert <br /> <br />Professional Service Agreement <br />C~arrus County, NC <br /> <br />12 <br /> <br /> <br />