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8 . 07 Change Orders OWNER informed of the progress of the Work and will endeay.
<br /> or to guard OWNER against defective Work.
<br /> A. OWNER is obligated to execute Change Orders as
<br /> indicated in paragraph 10.03. B. ENGINEER's visits and observations are subject to all
<br /> the limitations on ENGINEER's authority and responsibility set
<br /> 8 . 08 Inspections, Tests, and Approvals forth in paragraph 9. 10, and particularly, but without limitation ,
<br /> during or as a result of ENGINEER's visits or observations of -
<br /> A OWNER's responsibility in respect to certain inspec - CONTRACTOR's Work ENGINEER will not supervise, direct,
<br /> tions, tests, and approvals is set forth in paragraph 13.03. 13. control, or have authority over or be responsible for
<br /> CONTRACTOR's means, methods, techniques , sequences, or
<br /> 8.09 Limitations on OWNER's Responsibilities procedures of construction, or the safety precautions and
<br /> programs incident thereto, or for any failure of CONTRACTOR
<br /> A The OWNER shall not supervise, direct, or have to comply with Laws and Regulations applicable
<br /> to the
<br /> control or authority over, nor be responsible for, performance of the Work.
<br /> CONTRACTOR's means, methods, techniques, sequences, or
<br /> procedures of construction, or the safety precautions and 9.03 Project Representative
<br /> programs incident thereto, or for any failure of CONTRACTOR
<br /> to comply with Laws and Regulations applicable to the perfor- A. If OWNER and ENGINEER agree, ENGINEER will
<br /> mance of the Work. OWNER will not be responsible for furnish a Resident Project Representative to assist ENGINEER
<br /> CONTRACTOR's failure to perform the Work in accordance in providing more extensive observation of the Work. The
<br /> with the Contract Documents. responsibilities and authority and limitations thereon of any such
<br /> Resident Project Representative and assistants will be as
<br /> 8. 10 Undisclosed Hazardous Environmental Condition provided in paragraph 9. 10 and in the Supplementary
<br /> Conditions. If OWNER designates another representative or
<br /> A. OWNER's responsibility in respect to an undisclosed agent to represent OWNER at the Site who is not ENGINEER's
<br /> Hazardous Environmental Condition is set forth in paragraph Consultant, agent or employee, the responsibilities and authority
<br /> 4.06• and limitations thereon of such other individual or entity will be
<br /> 8. 11 Evidence of Financial Arrangements as provided in the Supplementary Conditions .
<br /> A. If and to the extent OWNER has agreed to furnish 9.04 Clarifications and Interpretations
<br /> CONTRACTOR reasonable evidence that financial A. ENGINEER will issue with reasonable promptness
<br /> arrangements have been made to satisfy OWNER's obligations such written clarifications or interpretations of the requirements
<br /> under the Contract Documents , OWNER's responsibility in of the Contract Documents as ENGINEER may
<br /> determine
<br /> respect thereof will be as set forth in the Supplementary necessary, which shall be consistent with
<br /> the intent of and
<br /> Conditions. reasonably inferable from the Contract Documents . Such
<br /> written clarifications and interpretations will be binding on
<br /> OWNER and CONTRACTOR. If OWNER and CONTRACTOR
<br /> ARTICLE 9 - ENGINEER'S STATUS DURING are unable to agree on entitlement to or on the amount or
<br /> CONSTRUCTION extent, if any, of any adjustment in the Contract Price or
<br /> Contract Times, or both , that should be allowed as a result of a
<br /> written clarification or interpretation , a Claim may be made
<br /> 9.01 OWNER'S Representative therefore as provided in paragraph 10.05.
<br /> A ENGINEER will be OWNER's representative during 9.05 Authorized Variations in Work
<br /> the construction period. The duties and responsibilities and the
<br /> limitations of authority of ENGINEER as OWNER's A. ENGINEER may authorize minor variations in the
<br /> representative during construction are set forth in the Contract Work from the requirements of the Contract Documents which }
<br /> Documents and will not be changed without written consent of do not involve an adjustment in the Contract Price
<br /> or the
<br /> OWNER and ENGINEER. Contract Times and are compatible with the design concept of
<br /> the completed Project as a functioning whole as indicated by the
<br /> 9.02 Visits to site Contract Documents. These may be accomplished by a Field
<br /> Order and will be binding on OWNER and also on CON-
<br /> A. ENGINEER will make visits to the Site at intervals TRACTOR, who shall perform the Work involved promptly. If
<br /> appropriate to the various stages of construction as ENGINEER OWNER and CONTRACTOR are unable to agree on
<br /> deems necessary in order to observe as an experienced and entitlement to or on the amount or extent,
<br /> if any, of any
<br /> qualified design professional the progress that has been made adjustment in the Contract Price or Contract Times, or both, as
<br /> and the quality of the various aspects of CONTRACTOR's a result of a Field Order, a Claim may be made
<br /> therefore as
<br /> executed Work. Based on information obtained during such provided in paragraph 10.05.
<br /> visits and observations , ENGINEER, for the benefit of OWNER,
<br /> will determine, in general, if the Work is proceeding in 9. 06 Rejecting Defective Work
<br /> accordance with the Contract Documents. ENGINEER will not
<br /> be required to make exhaustive or continuous inspections on A. ENGINEER will have authority to disapprove or reject
<br /> the Site to check the quality or quantity of the Work. Work which ENGINEER believes
<br />to be defective, or that
<br /> ENGINEER's efforts will be directed toward providing for ENGINEER believes will not produce a completed Project
<br /> that
<br /> OWNER a greater degree of confidence that the completed conforms to the Contract Documents or that will prejudice
<br /> the
<br /> Work will conform generally to the Contract Documents . On the integrity of the design concept of the completed Project as
<br /> a
<br /> basis of such visits and observations, ENGINEER will keep functioning whole as indicated by the Contract
<br /> Documents.
<br /> 6706-38392\8/20/03 00700-22 VRB
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