10-PROFESSIONAL SERVCES CONTRACT WITH HAYTER ENG

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directive changes and change oxders, as required. 2.5.4 Shop Drawin�s & Substitutes - 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 proj ect and the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.5.5 Applications for Pa�ment - Based on ENGINEER'S observations as an experienced and quaiified design professional, on information provided by the on-site observer and on review of applications for payment and the accompanying daxa and schedules; ENGINEER shall determine the amount owed to CONTR.ACTOR and recommend in writing payments to CONTRACTOR. This recommendation will constitute a representation to CITY that the work has progressed to the point indica.ted, 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 exhaustiv�, continuous or detailed reviews or examinations to check the quality or quantiiy of CONTRACTOR' S work as it is furnished, beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the contract documents. ENGINEER'S review of CONTRACTOR' S work for the purpose of recommending payments will also not impose responsibility on ENGIIV'EER to malce any examination to ascertain how or for what pur�oses C4NTR.ACTOR has used the monies paid on account of the contract price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encurnbrances, or that there may not he other matters at issue between CITY and CONTRACTOR that might affect the amount tYiat should be paid. 2.5.6 Inspections - ENGINEER sha11 conduct an inspection to determine if the work is substantially complete, and a final inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final payment to CONTRACTOR Any such recommendation is subject to the limitations expressed earlier herein. 2.5.7 Limitation of Responsibilities - ENGINEER shall not be responsible for the acts or omissians of any CONTR.ACTOR, or its subcontractor, supplier, or any of the CONTR.ACTOR' S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site or otherwise fumishing or performing any of the CONTRACTOR'S work; however, nothing contained in this section sha11 release ENGINEER from liability far failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents.