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<br />have authority over or responsibility for the means, methods, techniques, sequences or <br />procedures or construction selected by CONTRACTOR or for safety precautions and <br />programs incident to the work, or for any failure of CONTRACTOR to comply with laws, <br />regulations, codes or orders applicable to CONTRACTOR'S work. Accordingly, <br />ENGINEER can neither guarantee the performance of the construction contracts by <br />CONTRACTOR, nor assume responsibility for CONTRACTOR'S failure to furnish and <br />perform their work in accordance with the contract documents. <br /> <br />2.5.3 Intecpretations and Clarifications <br /> <br />ENGINEER shall issue necessary interpretations and clarifications of the contract <br />documents and in connection therewith prepare work directive changes and change orders, <br />as required. <br /> <br />2.5.4 Shop Drawings & Substitutes <br /> <br />ENGINEER shall review or take appropriate action, on substitute materials proposed by <br />CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is <br />required to submit, but only for general conformance with the design concept of the <br />project and the information given in the contract documents. Such review shall not extend <br />to means, methods, techniques, sequences or procedures of construction or to safety <br />precautions and programs incident thereto. <br /> <br />2.5.5 Inspections and Tests <br /> <br />ENGINEER shall have authority, as OWNER'S representative, to require special <br />inspection or testing of the work, and shall receive and review all certificates of <br />inspections, testing and approvals required by laws, regulations, codes, orders or the <br />contract documents, to determine generally that their content complies with the <br />requirements of, and the results certified indicate compliance with, the contract documents. <br /> <br />2.5.6 Disputes between OWNER and CONTRACTOR <br /> <br />ENGINEER shall act as initial interpreter of the contract documents and judge of the <br />acceptability of the work, and make decisions on all claims of OWNER and <br />CONTRACTOR relating to the acceptability of the work or the interpretation of the <br />requirements ofthe contract documents. ENGINEER shall not be liable for the results of <br />any such interpretations or decisions rendered in good faith. <br /> <br />2.5.7 Applications for Payment <br /> <br />Based on ENGINEER'S observations as an experienced and qualified design professional, <br />on information provided by the on-site observer and on review of applications for payment <br /> <br />Page 8 of 10 <br />