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a <br />4P <br />i <br />13.9. The OWNER shall not supervise. darner or have <br />control or authority over. noc be mpotuible for. CONTRAC- <br />TOR's mcxrts. methods. techniqucs. sequences or procedures <br />of construction arthe safety prcraudoruAnd proVwm incident <br />thereto. or for any failure of CONTAACMR to comply with <br />Laws mA Regulations applicable to the furnishing or perfor- <br />minea of the Work. OWNER well not be respotasfble for <br />CONT'RACM11's failure to perform or furnish the Work in <br />accordance with the Conuact Documents. <br />9.10. OWNER'S responsibility in respect of undisclosed <br />Asbestos. PCBs. Petroleum. I-laxardous Waste or Radioarsive <br />Materials uncovered or revealed at the site is set fenh in <br />paragraph 4.5. <br />9.11. If and to the extent OWNER has aped to furnish <br />COMI ACI'L7R trasona We evidence that financial Arrange- <br />ments have been nude to saiisfv OWNER's obliptions under <br />the Contract Documcnu. OWNER'r respoftality in mpect <br />thereof will be as set forth in the Supplementary Conditions. <br />ARTI CLE 9—ENGINEER'S S fATUS DURING <br />CONSTRUCTION <br />01-WER't RepremaLoire: <br />9.1. ENGINEER will be OWNER's rcpctscauxtive during <br />Vic construed ari period. The duties and responsihlities and the <br />lims'tadons of authority of ENGINEER as OWNER 's repre- <br />sentative -during coastruction art set forth in the Contract <br />Documents and shall not be extended witftout wiincn consent <br />of OWNER and ENGINEER. <br />WLticr to Sire: <br />9.2_ ENGINEER will retake visits to the site at intervals <br />appropriate to the various staacs of construction as ENGI. <br />NEER deems necessary in order to observe as an experienced <br />And qualified design professional the progr=s that has been <br />mads and the quality of the various aspects of CONITLAC- <br />TOR's exomtcd Wo4- Based an information Obtained during <br />such visits and Observations. ENGINEER will endeavor for <br />the benefit of OWNER to determine. in general, if the Worst is <br />proceeding in areordanct with the Conti= DocumCnti. EN- <br />GINEER will not be required to rnake exhaustive or continu- <br />ous on-site inspections to chock the quality or gtrantity of the <br />Work. ENGINEER's efforu will be directed toward providing <br />for OWNER A [xtater degree of confidence Buri the completed <br />Work will conform gcnarally to the Contract Documenu. On <br />the basis of such visiu and on-site observations. ENGINEER <br />wtli keep OWNER informed of the prop= of the: Work and <br />will endeavor to guard OWNER against defective Work. EN- <br />GINEER's visits and on-site obsetvuions aft svbieet to all the <br />limitations an ENGINEER's authority and rcspansibMity set <br />forth in paragraph 9.13. and paniaularly. but without Nnitation. <br />during or u x resutc of ENGINEER's on-sitc visits or <br />9 <br />observations orCONTRACIP"lR's Work. ENGINEER will not <br />supervise, dirceL control or have authotity over or be rrspon, <br />sible for CONTRAC OR's the its, methods. tcchoiquj, s_— <br />qucnces or proccdutw of construction. or ttv, , safety <br />tions and programs incident thereto, or for any Caflurrc of <br />CONTRACTOR to comply with Laws and Repbtioas appli- <br />c-.abtc to the furnishing or perfortzu= of the Work <br />f'rvjecf Represtnradre: <br />9.3. If OWNER and ENGINEER a¢r". ENGINEER will <br />furnish a Resident Pruiect Represcr=ive to :twist ENG1. <br />NUER in providing more cmtinuous observaticm of the Work. <br />The raponsibilitics and audios ty and Iintitaaions thereon of <br />sly such Resident Ptgi= Rcprc=uiiyc and ■uist nts will be <br />its provtdcdin puaMph 9.13 and in the Supplemenwy <br />Conditions. If OWNER designates another rep"me%vtuive or <br />agent to rcpersent OWNER At the site who is rot EN01- <br />NEER's Comultaait, AV= or cxnpkayec. the respoombiilitics <br />and authority and limit dKms thereon of such other person will <br />be as provided in the Supplementary Conditions. <br />Clar(rirad4ru and ltaupraadons: <br />9.4. ENGINEER wail issue with reasonsblc ptvmptn— <br />such written clarifications or intetpretwions of the require- <br />ments of the Coax= Documents fin the form of Drawings or <br />otheruiscl ss ENGINEER rosy detesrniric ne ry. which <br />shall be consistent with the intact of and reasonably inferable <br />from Contract Doeurncrits. Such written ciaxificuiarts and <br />interpfeu[iarts will be binding on OWNER and CON`rK C - <br />TOR, If OWNER or CONTRACTOR beGavcs that a w%iucn <br />clarification or intcrprmdon justifies an adjustment in the <br />Contract Pike or the Ctmtraa Timcs and the panics are unable <br />to agrrc to [hc amount or extent thereof. if any. OWNER or <br />CONTRACTOR may make a written claim therefor as pro- <br />vided in Article I l or Anicle 12.. <br />Aurharittd Vwiauonr in KrL <br />9.5. ENGINEER may authorize minor' vwiario-t in the <br />Work from the requirements of the Contract Doauoents which <br />do not involve an adjustment in the Contract Price or the <br />Contract Tinxs and arc compatible with the design concept of <br />the compteted Project as a functioning whole as indicated by <br />the Contract Documents. These oily be acx� lishcd by a <br />Meld Order and will be binding on OWNER and alsn on <br />CONTRACTOR who shall perform the Work involved prwtpf! Y. <br />If OWNER or CONTRACiCIR believes taut a Field Order <br />justifies an adju itnscnt tri the Contract ct Price ar the Contr;ct <br />itntcs and the paries are unable to agree as to [sae amount or <br />extent thereof. OWNER or CONrP—AJaMR may 'mike a <br />-fl ttcn claim therefor as provided in Article I1 or 13. <br />Rrjccartg &rfecsire Word: <br />9.6. ENGINEER will have authority to diwPMYc or <br />reject Work which ENGINEER believes to be drfrcrive. or <br />00700_31 <br />