1991-04-10 Resolution 39 - Laserfiche WebLink

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'r .. responsibilities assigned to and. undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, topro- videfor OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the ~~integrity of the design concept as reflected in the Contract Documents has been implemented and pre- served by Contractor(s). On the other hand, ENGI- NEER shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractors}, for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regula- tions, ordinances, codes or orders applicable to Con- tractor(s) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Con- tractor(s) nor assume responsibility for Contrac- tor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disap- prove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms gen- erally to the Contract Documents or that it will preju- dice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interprerationsavd Clarifications. ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. I.6.~. S/rop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Con- tract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions. and programs incident thereto. 1.6.6. Substitutes. ENGINEER. shall evaluate and determine the acceptability of substitute materials and Page 4 of 1 gg equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. 1.6.7. Irrspectiorrs and Tests. ENGINEER shall have authority, as OWNER's representative, to require spe- cial inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approval"s required bylaws, rules, regulations, ordi- nances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indi- cate compliance with, the Contract Documents). 1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make deci- sions on alt claims of OWNER and Contractor(s) relat- ing tothe acceptability of the work or the interpretation of the requirements of the .Contract Documents per- taining to the .execution and progress of the work. ENGINEER shall not be liable for the results of any such interpretations ordecisions rendered in good faith. 1.6.9. Applications for Payment. Based on ENGI- NEER'S on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 1.6.9.1. ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a rep- resentation toOWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance with the Con- tract Documents (subject to an evaluation. of such work as a functioning whole prior to or upon Sub- stantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, ENGINEER's rec- ommendations of payment will include final deter- minations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGI- NEER will not thereby be deemed to have repre- sented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work pages