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3.03 Construction Phase (Price and scope included in Exhibits A and B although not included in current scope of work. This work is contingent upon NTP 2, by Owner) A. Upon written notice from Contractor that Construction has commenced and consistent with the progress of the Construction, Engineer shall: 1. Make Visits to the Site. When requested by Contractor, Engineer shall visit the site and observe the construction then in progress. Based on information obtained during such visits and such observations, Engineer shall endeavor to determine in general if such construction is proceeding in accordance with the drawings and specifications and advise the Contractor accordingly. During such visits and on the basis of such observations, Engineer will advise and consult with Contractor about the construction then in progress. Engineer may recommend to Contractor that Contractor reject or take other action deemed appropriate to any portion of the construction while in progress, whether performed by Contractor, Subcontractors or Suppliers, if Engineer believes that the construction in question will not produce a completed Project that conforms generally to the drawings and specifications or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole. 2. Clarifications and Interpretations. When requested by Contractor, Engineer shall provide Contractor with necessary clarifications and interpretations of the drawings and specifications as appropriate to the orderly completion of their respective portions of the construction. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the drawings and specifications. 3. Shop Drawings and Samples. When requested by Contractor, Engineer shall review and approve (or take other appropriate action in respect of) shop drawings and samples which Contractor is required to submit, but only for conformance with the information given in the drawings and specifications and compatibility with the design concept of the completed Project as a functioning whole. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 4. Substitutes. When requested by Contractor, Engineer shall evaluate and determine the acceptability of a reasonable number of substitute or "or -equal" materials and equipment proposed to Contractor by Subcontractors or Suppliers, and make revisions to drawings and specifications occasioned by the acceptance of substitute or "or -equal" materials and equipment. 5. Inspections and Tests. Engineer shall review certificates of inspections, tests and approvals required by applicable laws and regulations, and/or the drawings and specifications. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate general compliance with the drawings and specifications and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the drawings and specifications. Engineer shall be entitled to rely on the results of such tests. B. Engineer shall not be responsible for the acts or omissions of Contractor, Subcontractors or Suppliers or of any other individual or entity performing or furnishing any portion of the construction, unless such acts or omissions are due to Engineer's work under this Agreement C. Engineer neither guarantees the performance of Contractor, Subcontractors or Suppliers nor assumes responsibility for their failure to furnish and perform their respective portions of the construction in accordance with the drawings and specifications, unless such failure . is due to Engineers work under this Agreement.. 4 219