2001-129-RES APPROVING/AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH HAYTER ENG

Home Browse Search

any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to CONTRACTOR'S work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by CONTRACTOR, nor assume responsibility for CONTRACTOR'S failure to furnish and perform their work in accordance with the contract documents. i 2.5.3 Tntp.rpn~tMiom. ::Inri rl::lrific'Mion~ ENGINEER shall issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare work directive changes and change orders, as required. 2.5.4 Shop Dr::lwine~ IV SlIh~titlltp.~ ENGINEER shall review or take appropriate action, on substitute materials proposed by CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to submit, but only for general conformance with the design concept of the project and the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.5.5 Tn<:pp'c,tion<: ::Inn Tp.~t<: ENGINEER shall have authority, as OWNER'S representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, regulations, codes, orders or the contract documents, to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the contract documents. 2.5.6 Di<:plltp.<: hp.twp.p.n OWNER ::Inn rONTR ArTOR ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptability of the work, and make decisions on all claims of OWNER and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the contract documents. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 2.5.7 Applic'Mion<: for P::Iymp.nt Based on ENGINEER'S observations as an experienced and qualified design professional, on information provided by the on-site observer and on review of applications for payment and the accompanying data and schedules; ENGINEER shall determine the amount owed to CONTRACTOR and recommend in writing payments to CONTRACTOR. This recommendation will constitute a representation to OWNER 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 contract documents. However, ENGINEER will not thereby be deemed to have made exhaustive, continuous or detailed reviews or examinations to check the quality or quantity of CONTRACTOR'S work as it is furnished, beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the contract documents. ENGINEER'S review of CONTRACTOR'S work for the purpose of recommending payments will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the monies paid on account of the contract price, or to determine that title 8 of 10