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1340 Baldur Park Road - 08-117-23-31-0015
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Project Packet
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ff <br />0 <br />w <br />ARTICLE 9-0114NER'S RESPONSIBILITIES <br />9.1. OWNER shall issue all communications to <br />CONTRACTOR through ENGINEER. <br />8.2. In case of termination of the employment of ENGI- <br />NEER. OWNER shall appoint an engineer against whom <br />CONTRACTOR makes no reasonable objection, whose <br />status under the Contract Documents shall be that of the <br />former ENGINEER. Any dispute in connection with such <br />appoinment shall be subject to arbitration. <br />8.3. OWNER shall furnish the data required of OWNER <br />vnder the Contract Documents promptly and shall make pay- <br />ments to CONTRACTOR promptly after they are Jue as <br />provi ;rd in paragraphs 14.4 and 14.13. <br />8.4. OWNER's duties in respect of providing lands and <br />easements and providing engineering surveys to establish ref- <br />erence points are set forth in paragraphs 4.1 and 4.4 Para- <br />graph 4.2 refers to OWNER's identifying and making avail- <br />able to CONTRACTOR copies of reports of investigations <br />and tests of subsurface and latent physical conditions at the <br />site or otherwise affecting performance of the Work which <br />have been relied upon by ENGINEER in preparing the Draw- <br />ings and Specifications. <br />B.S OWNER's responsibilities in respect of purchasing <br />and maintaining liability and property insurance are set forth <br />in paragraphs 3.5 through !.'. <br />8.6. In connection with OWNER's rights to request <br />changes in the Work in accordance with .Article 10, OWNER <br />(espe=tally in certain instances as pro- ided in paragraph 10 4) <br />is obligated to execute Change Orders <br />8 OWNER's responsibility in respect of certain <br />nspections, tests and approvals is set forth in paragraph 13 4 <br />8 8 In connection with OWNER's right to stop Work or <br />mspend Work, see paragraphs 13 10 and 11 I. Paragraph <br />13.2 deals with OWNER's right to terminate services of <br />CONTRACTOR under certain circumstances <br />ARTICLE 9—ENGINEER'S STATUS DURING <br />CONSTRUCTION <br />Owner's Represenranve. <br />9.1 ENGINEER will be OWNER's respresentative dur <br />ing the ; onstruction period. The duties and responsibilities <br />and the limitations of authority of ENGINEER as OWNER's <br />representative during construction are set forth in the Con- <br />tract Documents and shall not be extended without written <br />consent o(OWNER and ENGINEER. <br />Visits to Site: <br />9' ENGINEER will make visits to the site at interval% <br />appropriatetothe %arious stages o(construction toobserve the <br />progress and quality of the executed Work and to determine, <br />in general, if the Work is proceeding in accordance with the <br />Contract Documents. ENGINEER will not be required to <br />make exhaustive or continuous on -site inspections to check <br />the qualit, or quantity of the Work. ENGINEER s efforts <br />will be directed toward providing for OWNER a greater de- <br />gree of confidence that the completed Work will conform to <br />the Contract Documents. On the basis of such visits and on - <br />site observations as an experienced and qualified design pro- <br />fessional. ENGINEER will keep OWNER informed of the <br />progress of the Work and will endeavor to guard OWNER <br />against defects and deficiencies in the Work. <br />Clarifications and Interpretations: <br />9.3. ENGINEER will issue with reasonable promptness <br />such written clarifications or interpretations of the Contract <br />Documents (in the form of Drawings or otherwise) as ENGI- <br />NEER may determine necessary, which shall be consistent <br />with or reasonably inferable from the overall intent of the <br />Contract Documents. If CONTRACTOR believes that a writ- <br />ten clarification or interpretation justifies an increase in the <br />Contract Price or Contract Time, CONTRACTOR may make <br />a claim therefor as provided in Article 11 or Article 12. <br />ftecring Defective Work: <br />9.4. ENGINEER will have authority to disapprove or <br />reject Work which is defective, and will also have authority :O <br />require special inspection or testing of the Work as proy,ded <br />in paragraph 13.9, whether or not the Wo-k is fabricated, <br />installed or completed. <br />Shop Drawings, Change Orders and Payments. <br />9.5. In connection with ENGINEER's responsibility for <br />Shop Drawings and samples. see paragraphs 6.23 through <br />6.29 inclusive. <br />9.6. In connection with ENGINEER's responsibilities as <br />to Change Orders, see .Articles 10. 1 I and 12 <br />9.? In connection with ENGINEER's responsibilities in <br />respect of Applications for Payment, etc., see Article 14 <br />Pro,wr Repromitarron: <br />98 If OWNER and ENGINEER agree. ENGINEER will <br />furnish a Resident Project Representative to assist ENGI- <br />NEER in observing the performance of the Work. The duties, <br />responsibilities and limitations of authority of anv such <br />Resident Protect Representative and assistants will be as <br />provided in the Supplementary Conditions If OWNER Jes- <br />.gnates another igent to represent him at the site who is not <br />ENGINEER's agent or employee. the duties, responsibilities <br />and limitations of authority of such other person bill he as <br />provided in the Supplementary Conditions <br />Dectsrons on Dis rgreewients <br />4.9 ENGINEER will be the initial nierpreter of the re- <br />quirements of the Contract Documents and ;udge of the ac <br />ceptabihiv of the Work thereunder Claims. disputes and <br />wr <br />
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