11-2275 Supp. Agmt. 36 - CPH, Inc - Sausalito Shores Outfall

Home Browse Search

6. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and supporting data, determine the amount owing to the Contractor and approve in writing, payment to the Contractor in such amounts; such approval of payment to constitute a representation to the OWNER, that is an expression of the CFR's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval, but by approving an application for payment, the CFR shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price or that title to any of the Contractor's work, materials, or equipment has passed to the OWNER free and clear of any liens, claims, security interests or encumbrances. Such representation shall at no time be considered as a legal obligation of the ENGINEER. 7. For the purposes of this Scope of Services, it is assumed that the actual construction of the OWNER's facilities will occur over a period of 25 weeks. The CFR will provide on-site inspection services which amount to approximately eight (8) hours per week during the anticipated 25 weeks of actual construction. The on-site observation and inspection services include review of installed work and work in progress, as well as verification that the Contractor's work is in compliance with plans, specifications, change orders and field directives. The CFR will also coordinate with OWNER Personnel and Inspectors. The CFR will observe work and will selectively inspect delivered materials on-site (not including materials testing to be provided by others) as to compliance with the Contract Documents. If it is determined that, due to construction progress (or lack thereof) or other related matters that additional time and cost or other changes than enumerated in this scope of services are required to adequately address the construction inspection or administration items; the CFR is obligated to bring this situation to the OWNER'S attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. 8. The CFR will provide a weekly inspection report to the OWNER as a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the CFR is not responsible for the performance of the construction contract by the Contractor. CFR's report will only cover activities observed by the CFR per this scope of services. In order to maintain a complete record of activities and changes, the CFR will rely on the OWNER to provide information based on inspections that may be conducted by the OWNER. Page 9 of 11