07-C Hayter Engineering Agrmt - Laserfiche WebLink

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2.53 selected by CONTRACTOR or for safety precautions and programs incident to the work, or for any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to CONTRACTOR'S work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by CONTRACTOR, nor assume responsibility fo,r CONTRACTOR'S failure to furnish and perform their work in accordance with the contract documents lnterprot~tinn~ ~nd Clarificatlcm~ ENGINEER shall issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare work directive changes and change orders, as required 2.5.4 ~qhop Drawlnga Re gnh~titnte~ ENGINEER shall review or take appropriate action, on substitute materials proposed by CONTRACTOR. shop drawings, samples and other data which CONTRACTOR is required to submit, but only for general conformance with the design concept of the project and the int'ormation given in the contract documents. Such review shall not extend to means, methods, teclmiques, sequences or procedures of construction or to safety precautions and programs incident thereto. 255 Inspection~ and Test~ 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, testing and approvals required by laws, regulations, codes, orders or the contract documents, to deterrnine generally that their content complies with the requirements of, and the results certified indicate compliance with. thc contract documents. 256 F)i~pl~te~ between CIWNII~R and CONTRACTOR ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptability o[' the work, and make decisions on all claims of OWNER and CONTRACTOR relating to thc acceptability of the work or the interpretation of the requirements of the contract documents. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good Ihith. 257 Applicati~m~ lec~r Payment Based on ENGINEER'S observations as an experienced and qualified design professional, on inlbrmation provided by the on-site observer and on review of applications for payment and the accompanying data and schedules; ENGINEER shall determine the amount owed to CONTRACTOR and recommend in writing payments to CONTRACTOR. This recommendation will ccmstitute a representation to OWNER 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. However, ENGINEER will not thereby be deemed to have made exhaustive, continuous or detailed reviews or examinations to check the quality or quantity of CONTRACTOR'S work as it is furnished, beyond the responsibilities specifically assigned tv ENGINEER in this Agreement and the contract documents. ENGINEER'S review or' CONTRACTOR'S work for the purpose of recommending payments will also not impose 8 of 10