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15 <br />Mr. Jeff Thompson <br />December 17, 2012 <br />Page 4 <br />in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design <br />professional, to provide for OWNER a greater degree of confidence that the completed Work <br />will conform in general to the Contract Documents and that Contractor has implemented and <br />maintained the integrity of the design concept of the completed Project as a functioning whole <br />as indicated in the Contract Documents. ENGINEER shall�not, during such visits or as a result <br />of such observations of Contractor's Work in progress, supervise, direct, or have control over <br />Contractor's Work, nor shall ENGINEER have authority over or responsibility for the means, <br />methods, techniques, sequences, or procedures of construction selected or used by Contractor, <br />for security or safety, for safety precautions and programs incident to Contractor's Work, nor for <br />any failure of Contractor to comply with Laws and Regulations applicable to Contractor's <br />furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the <br />performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish <br />and perform the Work in accordance with the Contract Documents, However, ENGINEER shall <br />give prompt notice to the OWNER whenever ENGINEER observes or otherwise becomes <br />aware of any defect in the Project or of any material deviation of Contractor's work from the <br />Contract Documents. <br />❑ Based on ENGINEER's observations as an experienced and qualified design professional and <br />on review of Applications for Payment and accompanying supporting documentation: <br />• Determine the amounts that ENGINEER recommends Contractor be paid. Such <br />recommendations of payment will be in writing and will constitute ENGINEER's <br />representation to OWNER, based on such observations .and review, that, to the best <br />of ENGINEER's knowledge, information and belief, Contractor's Work has <br />progressed to the point indicated, the quality of such Work is generally in <br />accordance with the Contract Documents (subject to an evaluation of the Work as a <br />functioning whole prior to or upon Substantial Completion, to the results of any <br />subsequent tests called for in the Contract Documents, and to any other <br />qualifications stated in the recommendation), and the conditions precedent to <br />Contractor's being entitled to such payment appear to have been fulfilled in so far as <br />it is ENGINEER's responsibility to observe Contractor's Work. In the case of unit <br />price work, ENGINEER's recommendations of payment will include final <br />determinations of quantities and classifications of Contractor's Work (subject to any <br />subsequent adjustments allowed by the Contract Documents). <br />By recommending any payment, ENGINEER shall not thereby be deemed to have <br />represented that observations made by ENGINEER to check the quality or quantity <br />of Contractor's Work as it is performed and furnished have been exhaustive, <br />extended to every aspect of Contractor's Work in progress, or involved detailed <br />inspections of the Work beyond the responsibilities specifically assigned to <br />ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's <br />review of Contractor's Work for the purposes of recommending payments nor <br />