1996 S Housing - Owner and Coulter, Hart Jewell Thames PA Engineering Services Consultant

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reasonable promptness consistent with sound professional practice. Review of a specific item shall not indicate acceptance of an assembly of which the item is a component. The ENGINEER shall not be required to review and shall not be responsible for any deviations from the Contract Documents not clearly noted by the Contractor, nor shall the ENGINEER be required to review partial submissions or those for which submissions for correlated items have not been received. 1.6.7. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor(s),but subject to the provision of paragraph 2.2.2. 1.6.8. Inspections and Tests. The ENGINEER shall have authority, as the OWNER'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 Documents (but only to determine generally that their content complies with the requirements of,and the results certified indicate compliance with,the Contract Documents). 1.6.9. Disputes between OWNER and Contractor. The ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of the OWNER and the Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 1.6.10. Applications for Payment. Based on the ENGINEER's on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules: 1.6.10a. The ENGINEER shall determine the amounts owing to the Contractor(s) and recommend in writing payments to the Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER's knowledge, information and belief. the quality of such 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 tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, the ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work(subject to any subsequent adjustments allowed by the Contract Documents). 1.6.10b. By recommending any payment the ENGINEER will not thereby be deemed to have represented that examinations have been made by the ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to the ENGINEER in this Agreement and the Contract Documents. ENGINEER's review of the Contractor(s)' work for the purposes of recommending payments will not impose on the ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto or the Contractor(s)compliance with laws,tales, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on the ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to the OWNER free and clear of any lien, claims, security interests or- encumbrances, or that there nay not be other matters at issue between the OWNER and the Contractor that might affect the amount that should be paid. 1.6.11. Contractor(s)' Completion Documents. The ENGINEER shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by the Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of and, in the case of certificates of inspection, tests and approvals, the results certified indicate