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O-1992-1809
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O-1992-1809
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Last modified
11/2/2016 3:38:51 PM
Creation date
10/25/2006 5:21:50 PM
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Legislative Records
Legislative Type
Ordinance
Date
2/24/1992
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<br />e <br /> <br />e <br /> <br />1.4.5. Based on ENGINEER's on-site observations as an <br />experienced and qualified design professional and on review of <br />applications for payment and the accompanying data and schedules, <br />determine the amounts owing to Contractor(s) and recommend in <br />writing payments to Contractor(s) in such amounts; such <br />recommendations of payment will constitute a representation to <br />OWNER, based on such observations and review, that the work has <br />progressed to the point indicated, that, to the best of <br />ENGINEER's knowledge, information and belief, the quality of such <br />work is in accordance with the Contract Documents (subject to an <br />evaluation of such work as a functioning Project upon Substantial <br />Completion, to the results of any subsequent tests called for in <br />the Contract Documents, and to any qualifications stated in his <br />recommendation), and that payment of the amount recommended is <br />due Contractor(s); but by recommending any payment ENGINEER will <br />not thereby be deemed to have represented that continuous or <br />exhaustive examinations have been made by ENGINEER to check the <br />quality or quantity of the work or to review the means, methods, <br />sequences, techniques or procedures of construction or safety <br />precautions or programs incident thereto or that ENGINEER has <br />made an examination to ascertain how or for what purposes any <br />Contractor has used the monies paid on account of the Contract <br />Price, or that title to any of the work, materials or equipment <br />has passed to OWNER free and clear of any lien, claims, security <br />interests or encumbrances, or that the Contractor(s) have <br />completed their work exactly in accordance with the Contract <br />Documents. <br /> <br />1.4.6. Conduct an inspection to determine if the Project is <br />substantially complete and a final inspection to determine if the <br />work has been completed in accordance with the Contract Documents <br />and if each Contractor has fulfilled all of his obligations <br />thereunder so that ENGINEER may recommend, in writing, final <br />payment to each Contractor and may give written notice to OWNER <br />and the Contractor(s) that the work is acceptable (subject to any <br />conditions therein expressed), but any such recommendation and <br />notice shall be subject to the limitations expressed in <br />paragraph 1.5.5. <br /> <br />1.4.7. ENGINEER shall not be responsible for the acts or <br />omissions of any Contractor, or subcontractor, of any of the <br />Contractor(s) or subcontractors' agents or employees or any other <br />persons (except ENGINEER's own employees and agents) at the site <br />or otherwise performing any of the Contractor(s) work; however, <br />nothing contained in paragraphs 1.5.1. through 1.5.7., inclusive, <br />shall be construed to release ENGINEER from liability for failure <br />to perform properly duties undertaken by ENGINEER in the Contract <br />Documents. <br /> <br />Page 13 of 19 <br />
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