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CCP 05-08-2006
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CCP 05-08-2006
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<br />3.4.4 Clarifications and Interpretations ENGINEER shall issue necessary clarifications and <br />interpretations of the Contract Documents and in cOIUlection therewith prepare work directive changes and change <br />orders as required for CITY's approval. <br /> <br />. <br /> <br />3.4.5 Shop Drawings. ENGtNEER shall review and approve (or take other appropriate action in respect <br />of) Shop Drawings, samples and other data which Contractor(s) is required to submit, but only for confonnance with <br />the design concept of the Project and compliance with the information given in the Contract Documents. Such <br />reviews and approvals or other action will not extend to means. methods. teclmiques, sequences or procedures of <br />construction or to safety precautions and programs incident thereto. <br /> <br />3.4.6 Substitutes. ENGtNEER shall evaluate and detennine the acceptability of substitute or "or-equal" <br />materials and equipment proposed by Contractor(s), but subject to the provisions of paragraph <br /> <br />3.4.7 Inspections and Tests. ENGINEER shall have the authority. as CITY's representative, to require <br />special inspection or testing of the work, and shall receive and review all certificates of inspections. testings and <br />approvals required by laws, rules, regulations, ordinances, codes. orders or the Contract Document (but only to <br />detennine generally that thcir content complies with the requirements of, and the results certified indicate <br />compliance with, the Contract Documents). ENGINEER shall be entitled to rely on the results of such tests. <br /> <br />3.4.8 Disputes between CiTYandean/ractor(s). ENGINEER shall act as initial interpreter of the <br />requirements of the Contract Documents andjndge of the acceptability of the work thereunder and make decisions <br />on all claims of CITY and Contractor(s) rclating to the acceptability of the work or the interpretation of the <br />requirements of the Contract Documents pertainiJJg to the execntion and progress of the work, ENGINEER shall <br />respond to all written claims submitted by Contractor(s) in a timely fashion. ENGINEER shall not be liable for the <br />results of any such interpretations or decisions rendered in good faith. <br /> <br />3.4.9 Applicationsfor Payment. Based on ENGINEER's on-site observations as an experienced and <br />qualified design professional, on infonnation provided by the Resident Project Representative and on review of <br />applications for payment and the accompanying data and schedules: <br /> <br />. <br /> <br />3.4.9.1 ENGINEER shall detemlinc the amounts owing to Contractor(s) and recommend in Vfliting <br />payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a <br />representation to CITY, based on such observations and review. that the work has progressed to the point <br />indicated, and that, to the best of ENGINEER's knowtedgc, infonnation and belief, the qnality ofsnch <br />work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a <br />functioning whole prior to or upon Substantial Completion. to the results of any subsequent test called for <br />in the Contract Documents and to any other qualifications stated in the recommendation). In the case of <br />lmit price work, ENGINEER'5 recommendations of payment will include final determinations of quantities <br />and classifications of such work (subject to any subsequent adjustments allowed by the Contract <br />Documents). <br /> <br />3.4.9.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that <br />exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the <br />quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities <br />specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER's review <br />of Contractor(s)' work for the pnrposes of recommending payment will not impose on ENGINEER any <br />responsibility to supervise, direct or control such work or for the means, methods, teclUliques. sequences or <br />procedures of construction or safety precautions or programs incident thereto or Contractor(s)' compliance <br />with laws, rules, regulations, ordinances. codes or orders applicable to their furnishing and perfonning the <br />work. It will also not impose any responsibility on the ENGINEER to make any examination to ascertain <br />how or for what purposes any Contraetor(s) has used the money paid on account of the Contract Price, or to <br />determine that title to any of the work, materials or equipment has passed to CITY free and clear of any <br />lien, claims. security interests or encumbrances, or that there may not be other matters at issue between <br />ClTY and Contractor(s) that might affect the amount that shoutd be paid. <br /> <br />. <br /> <br />ARDEN.WPD <br /> <br />7 <br /> <br />Rev. December 12, 1997 <br />
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