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2.3.2.1 ENGINEER shall make visits to the site at intervals ENGINEER deems necessary, in <br />order to observe the progress and quality of the CONTRACTOR'S work. Based on <br />information obtained during such visits and on such observations, ENGINEER shall <br />endeavor to determine in general, if such work is proceeding in accordance with the <br />contract documents. <br />2.3.2.2 ENGINEER'S visits to, and representation by the on-site observer at the site, will <br />enable ENGINEER to better carry out the duties and responsibilities assigned to <br />ENGINEER during the Construction Phase, and, by exercise of ENGINEER'S efforts <br />as an experienced and qualified design professional, provide CITY a greater degree of <br />confidence that the completed work of CONTRACTOR will conform generally to the <br />contract documents. ENGINEER shall not, however, during such visits or as a result <br />of such observations, supervise, direct or have control over CONTRACTOR'S work, <br />nor shall ENGINEER have authority over or responsibility for the means, methods, <br />techniques, sequences or procedures of construction selected by CONTRACTOR or <br />for safety precautions and programs incident to the work, or for any failure of <br />CONTRACTOR to comply with laws, regulations, codes or orders applicable to <br />CONTRACTOR' S work. Accordingly, ENGINEER can neither guarantee the <br />performance of the construction contracts by CONTRACTOR, nor assume <br />responsibility for CONTRACTOR'S failure to furnish and perform their work in <br />accordance with the contract documents. <br />2.3.3 Interpretations and Clarifications - ENGINEER shall issue necessary interpretations <br />and clarifications of the contract documents and in connection therewith prepare work <br />directive changes and change orders, as required. <br />2.3.4 Shop Drawings & Substitutes - ENGINEER shall review or take appropriate action, on <br />substitute materials proposed by CONTRACTOR, shop drawings, samples and other <br />data which CONTRACTOR is required to submit, but only for general conformance <br />with the design concept of the project and the information given in the contract <br />documents. Such review shall not extend to means, methods, techniques, sequences or <br />procedures of construction or to safety precautions and programs incident thereto. <br />2.3.5 Applications for Payment - Based on ENGINEER'S observations as an experienced <br />and qualified design professional, on information provided by the on-site observer and <br />on review of applications for payment and the accompanying data and schedules; <br />ENGINEER shall determine the amount owed to CONTRACTOR and recommend in <br />writing payments to CONTRACTOR. This recommendation will constitute a <br />representation to CITY that the work has progressed to the point indicated, and that, to <br />the best of ENGINEER'S knowledge, infarmation and belief, the quality of such work <br />is generally in accordance with the contract documents. However, ENGINEER will <br />not thereby be deemed to have made exhaustive, continuous ar detailed reviews or <br />examinations to check the quality or quantity of CONTRACTOR' S work as it is <br />furnished, beyond the responsibilities specifically assigned to ENGINEER in this <br />Agreement and the contract documents. ENGINEER'S review of CONTRACTOR'S <br />work for the purpose of recommending payments will also not impose responsibility <br />6 <br />w. - - " 3 ,J <br />