1988-120-RES WHEREAS, the City of Paris, has need services and Hayter Engineering, Inc., Paris, proposal for

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to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. L6.5. Substitutes ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTOR(S) but subject to the provision of paragraph 2.2.2. L6.6. Inspections and Tests 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, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the contract documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the contract documents). L6.7. 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 decisions on all claims of OWNER and CONTRACTOR(S) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. L6.8. Applications for Payment Based on ENGINEER'S on-site observations as an experienced and qualified design professional, on information provided by the on-site observer (if any), and on review of applications for payment and the accompanying data and schedules: L6.8.L 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 representation to OWNER, 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 contract documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial 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 recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the contract documents~ L6.8.2 By recommending any deemed to have represented reviews or examinations have payment ENGINEER will not thereby be that exhaustive, continuous or detailed been made by ENGINEER to check the Page 5 of 19 Pages