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t• <br />40 <br />Attachment "A" <br />Page 3 <br />E. Shop Drawings - Engineer shall review and approve (or take other appropriate action in <br />respect of) Shop Drawings, samples and other data which Contractor(s) are required to <br />submit, but only for conformance with the design concept of the project and compliance with <br />the information given in the Contract Documents. Such reviews and approvals or other <br />action shall not extend to means, methods, techniques, sequences or procedures of <br />construction or to safety precautions and programs incident thereto. <br />F. Substitutions— Engineer shall evaluate and determine the acceptability of substitute materials <br />and equipment proposed by Contractor(s). <br />G. InMections and Tests — Engineer shall have authority, as Owner's representative, to require <br />special inspection or testing of the work, and shall receive and review all certificates of <br />inspections, testings and approvals required by laws, riles, regulations, ordinances, cedes, <br />orders or the Contract Documents (but only to dctermine generally that their content <br />complies with the requirements of and the results certified indicate compliance with, the <br />Contract Documents). <br />l -I. Disputes between Owner and Contractor — Engineer shall act as initial interpreter of the <br />requirements of the Contract documents and judge of the acceptability of the work <br />thereunder and make decisions on all claims of Owner and Contractor(s) relating to the <br />acceptability of the work or the interpretation of the requirements oft lie Contract Documents <br />pertaining to the execution and progress of the work. lingineer shall not be liable for the <br />results of any such interpretations or decisions rendered in good faith. <br />1. A lications for Payment -- Based on the Engineer's on-site observations as an experienced <br />and qualified design professional, on information provided by the Resident Project <br />Representative and on review of applications for payment and the accompanying data and <br />schedules. <br />Engineer shall determine the amounts owing to Contractor(s) and recommend in writing <br />payments to Contractors) in such amounts. Such recommendations of payment will <br />constitute a representation to Owner, based on such observations and review, that the <br />work has progressed to the point indicated, and that, to the best of f rigii cer`s knowledge, <br />information and belief; the quality of such work is generally in accordance with the <br />Contract Documents (subject to an evaluation of such work as a functioning whole prior <br />to or upon Substantial Completion, to the results of any subsequent tests called t%r in the <br />Contract Dociimcnts and to any other qualifications stated in the recommendation). In <br />the case of unit price work, Engineer's recommendations of quantities and classifications <br />of such work (subject to any subsequent adjustments allowed by the Contract <br />Documents). <br />MA <br />