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3.4.4 Clarifications and Interpretations ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents and in cOIUlection therewith prepare work directive changes and change orders as required for CITY's approval. . 3.4.5 Shop Drawings. ENGtNEER shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) is required to submit, but only for confonnance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action will not extend to means. methods. teclmiques, sequences or procedures of construction or to safety precautions and programs incident thereto. 3.4.6 Substitutes. ENGtNEER shall evaluate and detennine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor(s), but subject to the provisions of paragraph 3.4.7 Inspections and Tests. ENGINEER shall have the authority. as CITY's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections. testings and approvals required by laws, rules, regulations, ordinances, codes. orders or the Contract Document (but only to detennine generally that thcir content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). ENGINEER shall be entitled to rely on the results of such tests. 3.4.8 Disputes between CiTYandean/ractor(s). ENGINEER shall act as initial interpreter of the requirements of the Contract Documents andjndge of the acceptability of the work thereunder and make decisions on all claims of CITY and Contractor(s) rclating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertainiJJg to the execntion and progress of the work, ENGINEER shall respond to all written claims submitted by Contractor(s) in a timely fashion. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 3.4.9 Applicationsfor Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional, on infonnation provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: . 3.4.9.1 ENGINEER shall detemlinc the amounts owing to Contractor(s) and recommend in Vfliting payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to CITY, based on such observations and review. that the work has progressed to the point indicated, and that, to the best of ENGINEER's knowtedgc, infonnation and belief, the qnality ofsnch work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent test called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of lmit price work, ENGINEER'5 recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 3.4.9.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER's review of Contractor(s)' work for the pnrposes of recommending payment will not impose on ENGINEER any responsibility to supervise, direct or control such work or for the means, methods, teclUliques. sequences or procedures of construction or safety precautions or programs incident thereto or Contractor(s)' compliance with laws, rules, regulations, ordinances. codes or orders applicable to their furnishing and perfonning the work. It will also not impose any responsibility on the ENGINEER to make any examination to ascertain how or for what purposes any Contraetor(s) has used the money paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to CITY free and clear of any lien, claims. security interests or encumbrances, or that there may not be other matters at issue between ClTY and Contractor(s) that might affect the amount that shoutd be paid. . ARDEN.WPD 7 Rev. December 12, 1997