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16 <br />Mr. Jeff Thompson <br />December 17, 2012 <br />Page 5 <br />ENGINEER's recommendation of any payment including final payment will impose <br />on ENGINEER responsibility to supervise, direct, or control Contractor's Work in <br />progress or for the means, methods, techniques, sequences, or procedures of <br />construction or safety precautions or programs! incident thereto, or Contractor's <br />compliance with Laws -and Regulations applicable to Contractor's furnishing and <br />performing the Work. It will also not impose responsibility on ENGINEER to make <br />any examination to ascertain how or for what purposes Contractor has used the <br />moneys paid on account of the Contract Price, or to determine that title to any <br />portion of the Work in progress, materials, or equipment has passed to OWNER free <br />and clear of any liens, claims, security interests, or encumbrances, or that there may <br />not be other matters at issue between OWNER and Contractor that might affect the <br />amount that should be paid. <br />• Recommend to OWNER that Contractor's Work be rejected while it is in progress if, on the <br />basis of ENGINEER's observations, ENGINEER believes that such Work will not produce a <br />completed Project that conforms generally to the Contract Documents or that it will threaten the <br />integrity of the design concept of the completed Project as a functioning whole as indicated in <br />the Contract Documents. <br />• The total construction contract time is assumed to be five (5) months. As part of this contract, <br />field observation will be provided by a CFR on a limited, part -time basis during active work. <br />Additional requested CFR time will be considered Additional Services under Section 3 of this <br />Agreement. <br />• Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare <br />Change Orders and Work Change Directives as required. <br />• Review and take action in respect to Shop Drawings and Samples and other data which <br />Contractor is required to submit, but only for conformance with the information given in the <br />Contract Documents and compatibility with the design concept of the completed Project as a <br />functioning whole as indicated by the Contract Documents. Such reviews and any approvals or <br />other action will not extend to mans, methods, techniques, sequences, or procedures of <br />construction or to safety precautions and programs incident thereto. Review of Shop Drawings <br />and Samples identified as frivolous in the General Conditions of the construction contract <br />documents, or review of substitute materials as defined in the same, shall be deemed as <br />Additional Services. <br />• Promptly after notice that Contractor considers the entire Work ready for its intended use, in <br />company with OWNER, Infrastructure Finance Services, and Contractor, conduct a pre -final <br />observation visit to determine if the Work is substantially complete. If after considering any <br />objections of OWNER, ENGINEER considers the Work substantially complete, ENGINEER <br />