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2.4.4 Shop Drawings & Substitutes <br />ENGINEER shall review or take appropriate action, on substitute materials proposed by <br />CONTR.ACTOR, 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 />2.4.5 Inspections and Tests <br />ENGINEER shall have authority, as CITY'S representative, to require special inspection <br />or testing of the work, and shall receive and review all certificates of inspections, testing <br />and approvals required by laws, regulations, codes, orders or the contract documents, to <br />determine generally that their content complies with the requirements of, and the results <br />certified indicate compliance with, the contract documents. <br />2.4.6 Disputes between CITY and CONTRACTOR <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 CITY and CONTRACTOR <br />relating to the acceptability of the work or the interpretation of the requirements of the <br />contract documents. ENGINEER shall not be liable for the results of any such <br />interpretations or decisions rendered in good faith. <br />2.4.7 Applications for Pavment <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 <br />payment and the accompanying data and schedules; ENGINEER shall determine the <br />amount owed to CONTRACTOR and recommend in writing payments to <br />CONTRACTOR. This recommendation will constitute a representation to CITY that the <br />work has progressed to the point indicated, and that, to the best of ENGINEER'S <br />knowledge, information and belief, the quality of such work is generally in accordance <br />with the contract docurnents. However, ENGINEER will not thereby be deemed to have <br />made exhaustive, continuous or detailed reviews or examinations to check the quality or <br />quantity of CONTRA.CTOR'S work as it is furnished, beyond the responsibilities <br />specifically assigned to ENGINEER in this Agreement and the contract documents. <br />ENGINEER'S review of CONTRACTOR'S work for the purpose of recommending <br />payments will also not impose responsibility on ENGINEER to make any examination to <br />ascertain how or for what purposes CONTRACTOR has used the monies paid on account <br />7 <br />6'533 <br />