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<br />CONTRACTOR(S) work. Based on information obtained during such visits <br />and on such observations, ENGINEER shall endeavor" to determine in <br />general, if such work is proceeding in accordance with the contract <br />documents and ENGINEER shall keep OWNER informed of the progress of <br />the work. <br /> <br />1.6.2.2. If requested by OWNER or recommended by ENGINEER and <br />agreed to in writing by the other, an on-site observer will be furnished <br />and will act as directed by ENGINEER in order to assist ENGINEER in <br />observing performance of the work of CONTRACTOR(S). Such services <br />will be paid for by OWNER as indicated in Section 5. <br /> <br />The duties and responsibilities and the limitations on the authority of the <br />on-site observer (if any) will be set forth in a separate exhibit which is <br />to be identified, attached to and made a part of this Agreement before <br />such services begin. <br /> <br />1.6.2.3. The purpose of ENGINEER'S visits to and representation by <br />the on-site observer (if any) at the site will be to enable ENGINEER to <br />better carry out the duties and responsibilities assigned to and undertaken <br />by ENGINEER during the Construction Phase, and,. in addition, by exercise <br />of ENGINEER'S efforts as an experienced and qualified design <br />professional, to provide for OWNER a greater degree .of confidence that <br />the completed work of .CONTRACTOR(S) will conform generally to the <br />contract documents and that the integrity' of the design concept as <br />reflected in the contract documents has been implemented and preserved <br />by CONTRACTOR(S). On the other hand, ENGINEER shall not, during <br />such visits or as a result.of such observations of CONTRACTOR(S) work <br />in progress, supervise, direct'or have control over CONTRACTOR(S) work, <br />nor shall ENGINEER have authority over or responsibility for the means, <br />methods, techniques, sequences or procedures or 'construction selected by <br />CONTRACTOR(S) for safety precautions and programs incident to the <br />work of CONTRACTOR(S) or for any failure of CONTRACTOR(S) to <br />comply with laws, rules, regulations, ordinances, codes or orders <br />applicable to CONTRACTOR(S) furniShing and perfo~ing their work. <br />Accordingly, ENGINEER can neither guarantee the performance of the <br />construction contracts by CONTRACTOR(S), nor assume responsibility for <br />CONTRACTOR(S) failure to furnish and perform their work in accordance <br />with the contract documents. <br /> <br />1.6.3. Interpretations and Clarifications <br /> <br />ENGINEER shall issue necessary interpretations and clarifications of the <br />contract documents and in connection therewith prepare work directive <br />changes and change orders, as required. <br /> <br />1.6.4. Shop Drawings <br /> <br />ENGINEER shall review and approve (or take other appropriate action in <br />respect of) shop drawings (as that term is defined in the afqresaid <br />construction contract), samples and other data which 'CONTRACTOR(S) <br />are required to submit, but only for conformance with the design concept <br />of the project and compliance with the information given in the contract <br />documents. Such reviews and approvals or other action shall not extend <br /> <br />Page 4 of 17 Pages <br />