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ARTICLE 8 -OWNER'S RESPONSIBILITIES
<br />8 o l Communications to Contractor
<br />A Except as otherwise provided in these General Conditions, OWNER
<br />shall issue all communicalions to CONTRACTOR through ENGINEER
<br />902 Replacement ofKV(371NEER
<br />A In case of termination ofthe employment of ENGINEER, OWNER
<br />shall appoint an engineer to whom CONTRACTOR makes no reasonable
<br />wlection, whose statins under the Contract Documents shall be that ofthe former
<br />ENGINFFR
<br />803 Furnish Data
<br />A OWNER shall promptly furnish thedata requnedofOWN LRunder
<br />the Contract Documents
<br />804 Pay Promptly When Due
<br />A OWNER shall make payments to CONTRACTOR promptly when
<br />11icy are due as provided in paragraphs 14 02 C and 14 07 C
<br />805 Lands and Easements, Reports and Tests
<br />A OWNER's duties in respectofprovidmg lands and easements and
<br />moviding engineering surveys to establish reference points are set forth in
<br />paragraphs 4.0 I and 4.05. Paragraph 4.02 refers to OWNER's identifying and
<br />rnak ingavailable to CON 'I'RAM OR copies of reports of explorations and tats
<br />of subsurface conditions and drawings of physical conditions in or relating to
<br />existing surface or subsurface structures at or contiguous to the Site that have
<br />been utilized by ENGINEER in preparing the Contract Documents,
<br />816 Insurance
<br />A. OWNER's responsibilities, if any, in respect to purchasing and
<br />maintaining liability and property insurance are set forth in Article 5,.
<br />8 07 Change Orders
<br />A. OWNER is obligated to executes Change Orders as indicated in
<br />paragraph 10.03.
<br />8.08 Inspections, Tears, and Approvals
<br />A OWNER's responsibility in respect to certain inspections, tests, and
<br />approvals is set forth in paragraph 13.03 B.
<br />809 Limitations on OWNER's Responsibilities
<br />A_ The OWNER shall not supervise, direct, or have control or authority
<br />over, "be- reqmsible for, CONTR.ACTOR's means, methods, techniques, se-
<br />quences, orprocedures ofconstritction. or the safety precautions and programs
<br />incident thereto. orforany failure of CONTRACTOR to comply with Lavas and
<br />Regulations applicable to the perform ofthe Work OWNER will notbe
<br />responsible for CONTPACTOR's failure to perform the Work in accordance
<br />with the Contract Documents.
<br />E.IO Undisclosed Hazardous Environmental Condition
<br />A OWNER's responsibility in respect to an undisclosed Humdous
<br />Environmental Condition is set forth in paragraph 4.06
<br />all Evidence of Financial Arrangements
<br />A. If and to the extent OWNER has agreed to furnish CONTRACTOR
<br />reasonable evidence Thal financial arrangements have been made to satisfy
<br />OWNER's obligations underthe Contract Documents. OWNER'S responsibility
<br />in respect thereof will be as set forth in the Supplementary Conditions.
<br />ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
<br />901 OWNER 'S Representative
<br />A ENGINEER will heOWNER's representative during the construction
<br />period The duties and responsibilities and the limitations of authority of
<br />ENGINEER as OWNER's representative daring construction arc set forth in the
<br />Contract Documents and will not be changed without written consent of OWN-
<br />ER and ENGINEER.
<br />902 Visits to Site
<br />A ENGINEER will make visits to the Site at intervals appropriate to the
<br />various stages of construction as ENGINEER deems necessary in order to
<br />observe asan,-xponrmed and qualified design professional the progress that has
<br />been made and the quality of the various aspects of CON7FRAC'1 OR s executed
<br />Work. Based on information obtained during such visits and observations,
<br />ENGINEER for the benefit of OWNER, will determine, in general, if the Work
<br />isprooeedinginacDordance with the Contract Documents ENGINEER will not
<br />he required to make exhaustive or continuous mspcztions on the Site to check
<br />the quality or quantity ofthe Work. ENCiINFRR's efforts will be directed
<br />toward providing for OWNER a greater degree of confidence that the completed
<br />Work will conform generally to the Contract Documents On the basis ofsuch
<br />visits and observations, ENGINEER will keep OWNER informed of the progress
<br />ofthe Work and will endeavor to guard O W NF,R against defective Work
<br />B ENGWEER's visits And observations are subject to all the ILnitations
<br />on ENGINEER's authority and responsibility set forth in paragraph 9 10, and
<br />Particularly. but without limitation, during or as a result of ENGINLER's visits
<br />or observations of CONTRACTOR's Work ENGINEER will not supervise,
<br />direct, control, or have authority over or be responsible for CONTRACTOR's
<br />means, methods, techniques, sequences, or procedures of construction, or the
<br />safety precautions and programs incident thereto, or for any failure of
<br />CONTRACTOR to comply with Laves and Regulations applicable to The
<br />performance ofthe Work.
<br />903 Project Representative
<br />A if OWNER and ENGINEER agree, ENGINEER will furnish a
<br />Resident Project Representative to assist ENGINEER in providing more
<br />exlensive,observationofthe Work. The responsibilities and authority and imta-
<br />thereon ofanysuch Resident project Representative and assistants will be
<br />as prdvided in paragraph 9.10 and in the Supplementary Conditions If O WNER
<br />doognaltr another representative or agent to represent OWNER at the Site who
<br />is not ENGINEER''s Consultant agent or employee, the responsibilities and
<br />authority and limitations thereon of sunh other ind,vidual or entity will be as
<br />provided in the Supplementary Conditions.
<br />9.04 Clarifications and Interpretations
<br />A- ENGINEER will issue with reasonable promptness such written
<br />clarifications or interpretations ofthe requirements of thc Contract Documents
<br />as ENGINEER may c , which shall be consistent with the
<br />intent of and reasonably inferable from the Contrail Documents, Such writtea
<br />clarifications and interpretations will be binding on OWNER and
<br />CONTRACTOR If OWNER and CONTRACTOR are unable to agree on
<br />entitlement to or on the amount or extent, if any, of anv adjustment in the
<br />Contrad Price or Contract Times, or both, that should be allowed as a result of
<br />a written clarification or interpretation, a Claim may be made therefor as
<br />provided in paragraph 10.05.
<br />9.05 Authorized Variations in Work
<br />A ENGINEER may authorize minor variations in the Work from the
<br />repircutents of the Contract Documents which do not involve an adjustment in
<br />the Contract Price or the Contract Times and are compatible with the design
<br />concept of the completed Project as a functioning whole as indi by the
<br />Documents, These may be accomplisb�d by a Field Order and will be
<br />binding on OWNER. and also on CONTRACTOR, who shall per&rtn the Work
<br />involved promptly. If OWNER and CONTRACTOR are unable to agree on
<br />entitlement to or on the amount or extent if any, of any adjustment in the
<br />Contract Price or Contract Times, or both, as a result of a Field Order, a Claim
<br />may be made therefor as provided is paragraph 10.05,
<br />9,06 Rejecting Defective Work
<br />A ENGINEER will bave authority to disapprove or reject Work which
<br />ENGINEER believes to be defective, or that ENGINEER believes will not
<br />produce a completed Project that confiorms to the Contract DOCUrntnts or that
<br />will prejudice the integrity of the design concept of the completed Project as a
<br />functioning whole as indicated by the Contract Documents. ENGINEER will
<br />also have authority to require special inspection or testing of the Work as
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