Laserfiche WebLink
1.6.5. Substitutes <br />ENGINEER shall evaluate and determine the acceptability of substitute <br />materials and equipment proposed by CONTRACTOR(S) but subject to the <br />provision of paragraph 2.2.2. <br />1.6.6. Inspections and Tests <br />ENGINEER shall have authority, as OWNER'S representative, to require <br />special inspection or testing of the work, and shall receive and review all <br />certificates of inspections, testings and approvals required by laws, rules, <br />.regulations, ordinances, codes, orders or the contract documents (but only <br />to determine generally that their content complies with the requirements <br />of, and the results certified indicate compliance with, the contract <br />documents). <br />1.6.7. Disputes between OWNER and CONTRACTOR <br />ENGINEER shall act as initial interpreter of the requirements of the <br />contract documents and judge of the acceptability of the work thereunder <br />and make decisions on all claims of OWNER and CONTRACTOR(S) relating <br />to the acceptability of the work or the interpretation of the requirements <br />of the contract documents pertaining to the execution and progress of <br />the work. ENGINEER shall not be liable for the results of any such <br />interpretations or decisions rendered in good faith. <br />1.6.8. Applications for Payment. <br />Based on ENGINEER'S on -site observations as an experienced and <br />qualified design professional, on information provided by the on -site <br />observer (if any), and on review of applications for payment and the <br />accompanying data and schedules: <br />1.6.8.1. ENGINEER shall determine the amounts owing to <br />CONTRACTOR(S) and recommend in writing payments to CONTRACTOR(S) <br />in such amounts. Such recommendations of payment will_. constitute a <br />representation to. OWNER, based on such observations and review, - that <br />the work has progressed to the point indicated, and that, to the best of <br />ENGINEER'S knowledge, information and belief, the quality of such work <br />is generally in accordance with the contract documents (subject. to an <br />evaluation of such work as a functioning whole prior to or upon <br />substantial completion, to the results of any subsequent tests called for in <br />the contract documents and to any other qualifications stated in the <br />recommendation). In the case of unit price work, ENGINEER'S <br />recommendations of payment will include final determinations of quantities <br />and classifications of such work (subject to any subsequent adjustments <br />allowed by the contract documents). <br />1.6.8.2. By recommending any payment ENGINEER will not thereby be <br />deemed to have represented that exhaustive, continuous or detailed <br />reviews or examinations have been made by ENGINEER to check the <br />quality or quantity of CONTRACTOR(S) work as it is furnished and <br />performed beyond the responsibilities specifically assigndd to ENGINEER <br />in this Agreement and the contract documents. ENGINEER'S review of <br />Page 5 of 17 Pages <br />