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<br />responsit~ilitics assigned to and tihcfertaken by
<br />ENGINEER durinc the Cunsh-uction Phase, and, iri
<br />addition, by exercise of ENGINEER'S efforts as an
<br />experienced and qualified design professional, to pro-
<br />vide for OWNER a greater degree of confidence that
<br />.the completed work of Contractor(s) will conform
<br />_ _ .... generally _to the Contract Documents. and that the ..
<br />integrity of the design concept as reflected in the
<br />Contract Documents has been implemented and pre-
<br />served by Contractor{s). On the other hand, ENGI-
<br />NEER shall not, during such visits or as a result of
<br />such observationsof Contractor(s)' work in progress,
<br />- supervise, direct or have control over Contractor(s)'
<br />work nor shall ENGINEER have authority over or
<br />responsibility for the means, methods, techniques,
<br />sequences or procedures of construction selected by
<br />Contractor(s), for safety precautions and programs
<br />incident to the work of Contractor(s) or for any failure
<br />of Contractor(s) to comply with laws, rules, regula-
<br />lions, ordinances, codes or orders applicable to Con-
<br />tractor(s) furnishing and performing their work.
<br />Accordingly, ENGINEER can neither guarantee the
<br />performance of the construction contracts by Con-
<br />- tractor(s) nor assume responsibility for Contrac-
<br />tor(n)' failure to furnish and perform their work in
<br />accordance with the Contract Documents.
<br />1.6.3. Defective Work. During such visits and on the
<br />basis of such observations, ENGINEER may disap-
<br />prove of or reject Contractor(s)' work while it is in
<br />progress if ENGINEER believes that such work will
<br />not produce a completed Project that conforms gen-
<br />erally to the Contract Documents or that it will preju-
<br />dice the integrity of the design concept of the Project
<br />as reflected in the Contract Documents:
<br />1.6.4. Interpretations and Clarifications. ENGINEER
<br />shall issue necessary interpretations and clarifications
<br />of the Contract Documents and in connection therewith
<br />prepare work directive changes and change orders as
<br />required.
<br />] .6.5. Shop Drawings. ENGINEER shall review and
<br />approve (or take other appropriate action in respect of)
<br />Shop Drawings. (as that term is defined in the aforesaid
<br />Standard General Conditions), samples and other data
<br />which Contractor(s) are required to submit, but only
<br />for conformance with the design concept of the Project
<br />and compliance with the information given in the Con-
<br />tract Documents. Such reviews and approvals or other
<br />action shall not extend to means, methods, techniques,
<br />sequences or procedw-es of construction or to safety
<br />precautions and programs incident thereto.
<br />].6.6. Srrbstitutes. ENGINEER shall evaluate and
<br />determine the acceptability of substitute materials and
<br />ryuipmc.it proposed by Cuntractor(sl, but subject to
<br />the provision of paragraph 2.2.2.
<br />1.6.7. lnspc~ction.e «rrd Tests. ENGINEER shall have
<br />authority, as Oti'NER's representative, to require spe-
<br />cial inspection or testing of the work, and shall receive
<br />and review all certific~ies.of inspections, testings and .,
<br />approvals required by laws, rules, regulations, ordi-
<br />nances, codes, orders or the Contract Documents (but
<br />only to determine generally that their content. complies
<br />with the requirements of, and the results certified indi-
<br />cate compliance with, the Contract Documents).
<br />1.6.8, Dispcetes between OWNER and Contractor..
<br />ENGINEER shall act as initial interpreter of the
<br />requirements of the Contract Documents and judge of
<br />.the acceptability of the work thereunder and make deci-
<br />sions on all claims of OWNER and Contractor(s) relat-
<br />ing tothe acceptability of the work or the interpretation
<br />of the requirements of the Contract Documents per-
<br />taining to the execution and progress of the work.
<br />ENGINEER shall not be liable for the. results of any
<br />~such.interpretations or decisions. rendered in good faith.
<br />1.6.9. Applications for Payment. Based on ENGI-
<br />NEER'S on-site observations as an experienced and
<br />qualified design. professional, on information provided
<br />by the Resident Project Representative and on review
<br />of applications for payment and the accompanying data
<br />and schedules:
<br />1.6.9.1.. ENGINEER shall determine the amounts
<br />owing to Contractor(s) and recommend in writing
<br />payments to Contractor(s) in such amounts. Such
<br />recommendations of payment will constitute a rep-
<br />resentation to OWNER, based on such observations
<br />and review, that the work has progressed to the point
<br />indicated, and that, to the best of ENGINEER'S
<br />knowledge, information and belief, the quality of
<br />such work. is generally in accordance with the Con-
<br />tract Documents .(subject to an evaluation of such
<br />work as a functioning whole. prior"to or upon Sub-
<br />stantial Completion, to the results of any subsequent
<br />tests called for in the Contract Documents and to any
<br />other qualifications stated in the recommendation).
<br />In the case of unit price work, ENGINEER'S rec-
<br />ommendations of payment will include final deter-
<br />minations of quantities and classifications of such
<br />work (subject to any subsequent adjustments allowed
<br />by the Contract Documents).
<br />1.6.9.2. By recommending any payment ENGI-
<br />NEER will not thereby be deemed to have repre-
<br />sented that exhaustive, continuous or detailed reviews
<br />or examinations have been made by ENG]NEER to
<br />check the quality or quantity of Contractor(s)' work
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