11-PROFESSIONAL SERVICES CONTRACT WITH HAYTER ENG

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directive changes and change orders, as required. 2.5.4 Shop Drawin�ZS & Substitutes - ENGINEER sha11 review or take appropriate action, on substitute materials proposed by CONTRACTOR., shop drawings, samples and other data which CONTRACTOR is required to submit, but oniy for general conformance with the design concept of the project and the information given in the cflntract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and prograins incident thereto. 2.5.5 Applications for Pavment - Based on ENGINEER'S observations as an experienced and qualified design professional, on information provided by the on-site observer and on review of applications for payment and the accompanying data, and schedules; ENGINEER sha11 deternune the amount owed to CONTRACTOR and recommend in writing payments to CONTRACTOR. This recommendation will constitute a representation to CITY 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 accardance with the contract documents. However, ENGIlVEER will not thereby be deemed to have made eachaustive, 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 to ENGINEER in this Agreement and the contract documents. ENGINEER'S review of CONTR.ACTOR' S work for the purpose of recommending payments will also not impose responsibility on ENGIlVTEER to make any examination to ascertain how or for what purposes CONTRACTOR 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, clainns, security interests or encumbrances, or that there may not be other matters at issue between CITY and CONTRACTOR that might affect the arnount that should be paid. 2.5.6 Inspections - ENGINEER shall conduct an inspection to determine if the work is substantially complete, and a final inspection to deternune 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 omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRACTOR' S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site or othervvise furnishing or perfornung any of the CONTRACTOR' S work; however, nothing contained in this section sha11 release ENGINEER from liability for failure to pmperly perform duties and responsibilities assumed by ENGINEER in the contract documents. 7 �- 59