A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
9.01 OWNER’s Representative
A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the
Contract Documents and will not be changed without written consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that
has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if
the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or
observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be
responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site
who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereof of
such other individual or entity will be as provided in the supplementary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim may be made therefore as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract documents which
do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept
of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished
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