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A. ENGINEER will make visits to the Site at intervals
<br />appropriate to the various stages of construction as ENGINEER
<br />deems necessary in order to observe as an experienced and
<br />qualified design professional the progress that has been made
<br />and the quality of the various aspects of CONTRACTOR's
<br />executed Work. Based on information obtained during such
<br />visits and observations, ENGINEER, for the benefit of OWNER,
<br />will determine, in general, if the Work is proceeding in
<br />accordance with the Contract Documents. ENGINEER will not
<br />be required to make exhaustive or continuous inspections on
<br />the Site to check the quality or quantity of the Work.
<br />ENGINEER's efforts will be directed toward providing for
<br />OWNER a greater degree of confidence that the completed
<br />Work will conform generally to the Contract Documents. On the
<br />basis of such visits and observations, ENGINEER will keep
<br />OWNER informed of the progress of the Work and will endeav-
<br />or to guard OWNER against defective Work.
<br />B. ENGINEER's visits and observations are subject to all
<br />the limitations on ENGINEER's authority and responsibility set
<br />forth in paragraph 9.10, and particularly, but without limitation,
<br />during or as a result of ENGINEER's visits or observations of
<br />CONTRACTOR's Work ENGINEER will not supervise, direct,
<br />control, or have authority over or be responsible for
<br />CONTRACTOR's means, methods, techniques, sequences, or
<br />procedures of construction, or the safety precautions and
<br />programs incident thereto, or for any failure of CONTRACTOR
<br />to comply with Laws and Regulations applicable to the
<br />performance of the Work.
<br />9.03 Project Representative
<br />A. If OWNER and ENGINEER agree, ENGINEER will
<br />furnish a Resident Project Representative to assist ENGINEER
<br />in providing more extensive observation of the Work. The
<br />responsibilities and authority and limitations thereon of any such
<br />Resident Project Representative and assistants will be as
<br />provided in paragraph 9.10 and in the Supplementary
<br />Conditions. If OWNER designates another representative or
<br />agent to represent OWNER at the Site who is not ENGINEER's
<br />Consultant, agent or employee, the responsibilities and
<br />authority and limitations thereon of such other individual or
<br />entity will be as provided in the Supplementary Conditions.
<br />9.04 Clarifications and Interpretations
<br />A. - ENGINEER will issue with reasonable promptness
<br />such written clarifications or interpretations of the requirements
<br />of the Contract Documents as ENGINEER may determine
<br />necessary, which shall be consistent with the intent of and
<br />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 />are unable to agree on entitlement to or on the amount or
<br />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 />therefore as provided in paragraph 10.05.
<br />9.05 Authorized Variations in Work
<br />A. ENGINEER may authorize minor variations in the
<br />Work from the requirements of the Contract Documents which
<br />do not involve an adjustment in the Contract Price or the
<br />Contract Times and are compatible with the design concept of
<br />the completed Project as a functioning whole as indicated by
<br />the Contract Documents. These may be accomplished by a
<br />Field Order and will be binding on OWNER and also on CON-
<br />TRACTOR, who shall perform the Work involved promptly. If
<br />OWNER and CONTRACTOR are unable to agree on
<br />entitlement to or on the amount or extent, if any, of any
<br />adjustment in the Contract Price or Contract Times, or both, as
<br />a result of a Field Order, a Claim may be made therefore as
<br />provided in paragraph 10.05.
<br />9.06 Rejecting Defective Work
<br />A. ENGINEER will have authority to disapprove or reject
<br />Work which ENGINEER believes to be defective, or that
<br />ENGINEER believes will not produce a completed Project that
<br />conforms to the Contract Documents or that will prejudice the
<br />integrity of the design concept of the completed Project as a
<br />functioning whole as indicated by the Contract Documents.
<br />ENGINEER will also have authority to require special inspection
<br />or testing of the Work as provided in paragraph 13.04, whether
<br />or not the Work is fabricated, installed, or completed.
<br />9.07 Shop Drawings, Change Orders and Payments
<br />A. In connection with ENGINEER's authority as to Shop
<br />Drawings and Samples, see paragraph 6.17.
<br />B. In connection with ENGINEER's authority as to
<br />Change Orders, see Articles 10, 11, and 12.
<br />C. In connection with ENGINEER's authority as to
<br />Applications for Payment, see Article 14.
<br />9.08 Determinations for Unit Price Work
<br />A. ENGINEER will determine the actual quantities and
<br />classifications of Unit Price Work performed by CONTRACTOR.
<br />ENGINEER will review with CONTRACTOR the ENGINEER's
<br />preliminary determinations on such matters before rendering a
<br />written decision thereon (by recommendation of an Application
<br />for Payment or otherwise). ENGINEER's written decision
<br />thereon will be final and binding (except as modified by
<br />ENGINEER to reflect changed factual conditions or more
<br />accurate data) upon OWNER and CONTRACTOR, subject to
<br />the provisions of paragraph 10.05.
<br />9.09 Decisions on Requirements of Contract Documents
<br />and Acceptability of Work
<br />A. ENGINEER will be the initial interpreter of the
<br />requirements of the Contract Documents and judge of the
<br />acceptability of the Work thereunder. Claims, disputes and
<br />other matters relating to the acceptability of the Work, the
<br />quantities and classifications of Unit Price Work, the
<br />interpretation of the requirements of the Contract Documents
<br />pertaining to the performance of the Work, and Claims seeking
<br />changes in the Contract Price or Contract Times will be referred
<br />initially to ENGINEER in writing, in accordance with the
<br />provisions of paragraph 10.05, with a request for a formal
<br />decision.
<br />B. When functioning as interpreter and judge under this
<br />paragraph 9.09, ENGINEER will not show partiality to OWNER
<br />or CONTRACTOR and will not be liable in connection with any
<br />interpretation or decision rendered in good faith in such
<br />capacity. The rendering of a decision by ENGINEER pursuant
<br />to this paragraph 9.09 with respect to any such Claim, dispute,
<br />00700 General Conditions (EJCDC).doc
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<br />1907-02912Inch N-Vemlake Estates\Documents\Rryens\aidding Contrera Sirmific9ions\00700 General Canditions(E)CDC).doc
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