1984-07-18 Regular Meeting (2) - Laserfiche WebLink

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• ~~ • safety precautions and programs incident thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content as required by Specifications) maintenance and operating instructions, schedules, guarantees bonds and certificates of inspection which are to be assembled by Contractor(s) in accordance with the Contract Documents. 1.5.4. Issue all instructions of OWNER to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders as required; have authority, as OWNER's representative, to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and • judge of the acceptability of the work there-under and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work of the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work; but ENGINEER shall not be liable ' for the results of any such interpretations or decisions rendered by him in good faith. • 1.5.5. Based on ENGINEER's on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules, determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts; such recommendations • of payment will constitute a representation to OWNER, based on such observations and review, that the.work has progressed to the point indicated, that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is in accordance with. the Contract Documents (subject to an evaluation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his recommendation), and that, payment of the amount recommended is due Contractor(s); but by'recommending any payment ENGINEER will not thereby be deemed to have represented that continuous or exhaustive examinations have been made by ENGINEER to check the quality or quantity of the work or to review the means, methods, sequences, techniques or procedures of construction or safety precautions or programs incident thereto or that ENGINEER has made an examination to ascertain how or for what purposes any Contractor has used~the moneys paid on account of the Contract Price, or that • title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that the Contractor(s) have completed their work exactly in accordance with the Contract Documents. 1.5.6. Conduct an inspection to determine if the Project is substantially ' complete and a final inspection to determine if the work has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in writing, final payment to each Contractor and may give written notice to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein exxpressed), but any such recommendation and notice shall be subject to th.e limitations expressed in paragraph 1.5.5. • 1.5.7. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s) or subcontractors' agents or employees or any other persons (except ENGINEER's own employees and agents) at the site or otherwise performing any of the Contractor(s) work; however, nothing contained in paragraphs 1.5.1. thru 1.5_7., inclusive, shall be construed to release ENGINEER from liability for failure to perform properly duties undertaken by ENGINEER in the Contract Documents. Page 5 of 13 L~