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<br />approvals or other action shall not extend to means, methods, <br />techniques, sequences or procedures of construction or to safety <br />precautions and programs incident thereto. <br /> <br />1. 6.5. <br /> <br />Substi,:utes <br /> <br />ENGINEER shall evaluate and deter~ine the acceptability of <br />substitute materials and equipment proposed by CONTRACTOR(S) but <br />subject to the provision of paragraph 2.2.2. <br /> <br />1. 6.6. <br /> <br />Insoections and Tests <br /> <br />ENGINEER shall have authority, as OWNER'S representative, to <br />require special inspection or testing of the work, and shall <br />receive and review all certificates of inspections, testings and <br />approvals required by laws, rules, regulations, ordinances, codes, <br />orders or the contract documents (but only to determine generally <br />that their content complies with the requirements of, and the <br />results certified indicate compliance with, the contract <br />documents) . <br /> <br />1. 6.7. <br /> <br />Disoutes between OWNER and CONTRACTOR <br /> <br />ENGINEER shall act as initial interpreter of the requirements of <br />the contract documents and judge of the acceptability of the work <br />thereunder and make decisions on all claims of OWNER and <br />CONTRACTOR(S) relating to the acceptability of the work or the <br />interpretation of the requirements of the contract documents <br />pertaining to the execution and progress of the work. ENGINEER <br />shall not be liable for the results of any such interpretations or <br />decisions rendered in good faith. <br /> <br />1. 6.8. <br /> <br />Aoolications for Payment <br /> <br />Based on ENGINEER'S on-site observations as an experienced and <br />qualified design professional, on information provided by the on- <br />site observer (if any), and on review of applications for payment <br />and the accompanying data and schedules: <br /> <br />1.6.8.1. ENGINEER shall determine the amounts owing to <br />CONTRACTOR(S) and recommend in writing payments to CONTRACTOR(S) in <br />such amounts. Such recommendations of payment will constitute a <br />representation to OWNER, based on such observations and review, <br />that the work has progressed to the point indicated, and that, to <br />the best of ENGINEER' 5 knowledge, information and belief, the <br />quality of such work is generally in accordance with the contract <br />documents (subject to an evaluation of such work as a functioning <br />whole prior to or upon substantial completion, to the results of <br />any subsequent tests called for in the contract documents and to <br />any other qualifications stated in the recommendation). In the <br />case of unit price work, ENGINEER'S recommendations of payment will <br />include final determinations of quantities and classifications of <br />such work (subject to any subsequent adjustments allowed by the <br />contract documents) . <br /> <br />Page 5 of 23 Pages <br />