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<br />responsibilities assigned to and undertaken by
<br />ENGINEER during the Construction Phase,. and, in
<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 pt'e-
<br />served by Contractor(s). On the other hand, ENGI-
<br />NEER shall not, during such visits or as a result of
<br />such observations of Contractors}' 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 />tions, 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(s)' failure to .furnish and perform their work- in
<br />accordance with the Contract Documents.
<br />I.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 />1.6.5. Shop Drawings. ENGII~TEER 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 procedures of construction or to safety
<br />precautions and programs incident thereto.
<br />1.6.6. Srrbstitrrtes. ENGINEER shall evaluate and
<br />determine the acceptability of substitute materials and
<br />equipment proposed by Contractor(s), but subject to
<br />the provision of paragraph 2.2.2.
<br />1.6.7. Inspections and Tests. ENGINEER shall have
<br />authority, as OWNER's representative, to require spe-
<br />cial inspection or testing of the work, and shall receive
<br />and review all certificates 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. Disp~stes bet-,~een 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 ordecisionsrendered ingood 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 ENGINEER to
<br />check the quality or quantity of Contractor(s)' work
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