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8.10 Undisclosed Hazardous Environmental of ENGINEER's visits or observations of Condition CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be A. OWNER's responsibility in respect to an responsible for CONTRACTOR's means, methods, undisclosed Hazardous Environmental Condition is techniques, sequences, or procedures of construction, set forth in paragraph 4.06. or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply 8.11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9.03 Project Representative financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, A. If OWNER and ENGINEER agree, ENGI- OWNER's responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions, to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9- ENGINEER'S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is 9.01 OWNER'S Representative not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of A. ENGINEER will be OWNER's representative such other individual or entity will be as provided in the during the construction period. The duties and Supplementary Conditions. responsibilities and the limitations of authority of ENGINEER as OWNER's representative during 9.04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A. ENGINEER will issue with reasonable OWNER and ENGINEER. promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9.02 Visits to Site as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents. Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR. If OWNER and CON- observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent, if any, of any adjustment in the quality of the various aspects of CONTRACTOR's Contract Price or Contract Times, or both, that should executed Work. Based on information obtained be allowed as a result of a written clarification or during such visits and observations, ENGINEER, for interpretation, a Claim may be made therefor as the benefit of OWNER, will determine, in general, if provided in paragraph 10.05. the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to 9.05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. A. ENGINEER may authorize minor variations in ENGINEER's efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati- Documents. On the basis of such visits and ble with the design concept of the completed Project observations, ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents. These may be accomplished by a Field OWNER against defective Work. Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved B. ENGINEER's visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER's authority to agree on entitlement to or on the amount or extent, and responsibility set forth in paragraph 9.10, and if any, of any adjustment in the Contract Price or particularly, but without limitation, during or as a result Contract Times, or both, as a result of a Field Order, 00700-General Conditions REV 04-07.doc 00700-28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\AdmWbid documents\00700-General Conditions REV 04-07.doc