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that the Consultant has made any examination to ascertain how or for what purpose the <br />contractors have used the monies paid on account of the contract sums. <br />3.2.10 The Consultant shall be interpreter of the requirements of the contract documents and <br />the judge of the performance thereunder by both the Owner 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 Owner and the contractors relating <br />to the execution or progress of work or the interpretation of the contract documents. <br />3.2.11 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 Owner and the contractors, shall not show <br />partiality, and shall not be liable for the result of any interpretation or decision <br />rendered in good faith in such capacity. <br />3.2.12 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 Owner and <br />the contractor(s) shall be subject to arbitration. <br />3.2.13 The Consultant shall have authority to reject work which does not conform to the <br />contract documents, and whenever, in the consultant's opinion, it is necessary or <br />advisable for the implementation of the intent of the contract documents, the Consultant <br />shall have authority to require special inspection or testing of work in accordance with <br />the 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 />3.2.14 The Consultant shall receive contractors' submittals such as shop drawings, product <br />data, and samples and shall review and approve or take other appropriate action upon <br />them, but only for conformance with the design concept for the project and with the <br />information given in the contract documents. Such action shall be taken with reasonable <br />promptness so as to cause no delay. The Consultant's approval of a specific item shall <br />not indicate approval of an assembly of which the item is a component. <br />3.2.15 The Consultant shall prepare, review and sign, or take other appropriate action on <br />change orders for the owner's authorization in accordance with the contract documents. <br />3.2.16 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 <br />by written order issued through the Consultant. <br />3.2.17 The Consultant shall conduct inspections to determine the Dates of Substantial <br />Completion and Final Completion and shall issue appropriate Project Certificates for <br />Payment. These inspections will be completed during site visits. Substantial completion <br />is work that is sufficiently complete, in accordance with the contract documents, so that <br />the work can be utilized for the purposes for which it is intended. <br />3.2.18 The Consultant shall receive and forward to the Owner for their review, written <br />warranties, certificates of occupancy and related documents assembled by the <br />contractors. <br />-6- <br />