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,,.. ' SCH?DULE D- CONSTRUCTION PHASE SERVTC;ES lvote: For purposes of this Schedule, the expressions )OK Contrad Documents, Shop Drawing, and Change Order shall have the meanings given in the Construction Contract between Client and the Contrador. 1. Genera! Administration of Construction Contract. Malcolm Pirnie shall consult with and advise Client and ad as Client's representative as provided in this Agreement. All of Client's instructions to Contractor will be issued through Malcolm Pirnie who will have authority to act on behalf of Client to the extent provided in this Agreement. tractor nor assume responsibility for Contractor's failure to furnish and perform the Work in accordance with the Con- tract Documents. 3. Defective Work. During its visits, Malcolm Pirnie may disapprove of or reject the Work while it is in progress if Malcolm Pirnie believes that the Work will not produce a completed Project that conforms generally to the Contrad Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contrad Documents. 2. Visits to Site and Observatlon of Construction. In connection with observations of the work of Contractor while it is in progress: 2.1 Malcolm Pirnie shall make visits to the site at intervals appropriate to the various stages of construction as Malcolm Pirnie deems necessary to observe, as an experi- enced and qualified design professional, the progress and quality of the Contractor's work (Work). In addition, Malcolm Pirnie shall provide the services of a Resident Project Representative (Resident) at the site to provide more extensive inspection of the Work. Based on infor- mation obtained during such visits and on its inspections, Malcolm Pirnie shall endeavor to determine whether the Work is proceeding in accordance with the intent of the Contract Documents. Malcolm Pirnie shall keep Client in- formed of the progress of the Work. 2.2 The Resident will be Malcolm Pirnie's agent or em- ployee and under Malcolm Pirnie's supervision. The duties and responsibilities of the Resident aze set forth in Attach- ment 1, "Duties, Responsibilities and Limitation of Authority of Resident Project Representativc". 23 The purpose of Malcolm Pirnie's visits to and representation by the Resident at the site will be to provide for Client a greater degree of confidence that the completed Work will conform generally to the Contract Documents and that the integrity of the design concept as refleded in the Contract Documents has been implemented and preserved by Contractor. 2.4 Malcolm Pirnie shall not, during such visits or as a result of observations or inspections of the Work in progress, supervise, direct or have control over the Work nor shall Malcolm Pirnie have suthority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precau6ons and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contrador furnishing and performing the Work. Malcolm Pirnie can neither guarantee the performance of the Work by the Con- NODffi.C/djl 1943-003 4. Interpretations and Claritications. Malcolm Pirnie shall issue necessary interpretations an.d clarifications of the Contrad Documents and in connedion therewith prepare Change Orders for execution by the Client, if appropriate. 5. Shop Drawings. Malcolm Pirnie shall review and approve (or take other appropriate action) Shop Drawings, samples and other data wluch Contractor is required to submit. Such reviews shall be for conformance with the design concept of the Project as a functioning whole and compliance with the information given in the Contrad Documents. Any approvals or other actions associated with the reviews shall not eatend to means, methods, techniques, sequences or procedures of construction or to safety precau- tions and programs incident thereto. 6. Substitutes. Malcolm Pirnie shall evaluate and deter- mine the acceptability of substitute or 'equivalent' materials and equipment proposed by Contractor. 7. Inspections and Tests. Malcolm Pirnie shall have authority, as Client's representative, to require special inspection or testing of the work, and shall review all certifi- cates of inspections, testings and approvals required by law or the Contrad Documents to determine that both the content of the certificates and the certified inspection or test results comply substantially with such requirements. 8. Disputes between Client and Contractor. Malcolm Pirnie shall act as the initial interpreter of the requirements of the Contrad Documents and judge of the acceptability of the work thereunder and make decisions on all claims of Client or Contrador relating to the acceptability of the Work or the interpretation of the requirements of the Contrad Documents. 9. Applications for Payment Based on Malcolm Pirnie's on-site observa6ons, on information provided by the Resi- dent, and on review of applications for payment and the accompanying data and schedules, Malcolm Pirnie shall: 9.1 Recommend in writing payments to Contractor. Such recommendations of payment will constitute a repre- n-z