|
ENGINEER will also have authority to require special inspection individual or entity, or to any surety for or employee or agent
<br /> of
<br /> or testing of the Work as provided in paragraph 13.04, whether any of them.
<br /> or not the Work is fabricated, installed, or completed .
<br /> ' B. ENGINEER will not supervise, direct, control, or have
<br /> 9.07 Shop Drawings, Change Orders and Payments authority over or be responsible for CONTRACTOR's means ,
<br /> methods, techniques , sequences, or procedures of
<br /> A. In connection with ENGINEER's authority as to Shop construction, or the safety precautions and programs incident
<br /> ' Drawings and Samples, see paragraph 6. 17. thereto, or for any failure of CONTRACTOR to comply with
<br /> Laws and Regulations applicable to the performance of the
<br /> B. In connection with ENGINEER's authority as to Work. ENGINEER will not be responsible for CONTRACTOR's
<br /> Change Orders, see Articles 101 11 , and 12. failure to perform the Work in accordance with the Contract
<br /> Documents.
<br /> C. In connection with ENGINEER's authority as to
<br /> Applications for Payment, see Article 14. C. ENGINEER will not be responsible for the acts or
<br /> omissions of CONTRACTOR or of any Subcontractor, any
<br /> ' 9.08 Determinations for Unit Price Work Supplier, or of any other individual or entity performing any of
<br /> the W ark.
<br /> A. ENGINEER will determine the actual quantities and
<br /> classifications of Unit Price Work performed by D. ENGINEER's review of the final Application for
<br /> ' CONTRACTOR. ENGINEER will review with CONTRACTOR Payment and accompanying documentation and all mainte-
<br /> the ENGINEER's preliminary determinations on such matters nance and operating instructions, schedules, guarantees,
<br /> before rendering a written decision thereon (by recommendation Bonds, certificates of inspection, tests and approvals, and other
<br /> of an Application for Payment or otherwise). ENGINEER's documentation required to be delivered by paragraph 14.07.A
<br /> written decision thereon will be final and binding (except as will only be to determine generally that their
<br /> content complies
<br /> modified by ENGINEER to reflect changed factual conditions or with the requirements of, and in the case of certificates
<br /> of in-
<br /> more accurate data) upon OWNER and CONTRACTOR, spections, tests, and approvals that the results certified indicate
<br /> subject to the provisions of paragraph 10.05. compliance with, the Contract Documents.
<br /> 9.09 Decisions on Requirements of Contract Documents E. The limitations upon authority and responsibility set
<br /> and Acceptability of Work forth in this paragraph 9. 10 shall also apply to ENGINEER's
<br /> Consultants, Resident Project Representative, and assistants .
<br /> A. ENGINEER will be the initial interpreter of the
<br /> ' requirements of the Contract Documents and judge of the ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<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 10.01 Authorized Changes in the Work
<br /> interpretation of the requirements of the Contract Documents
<br /> pertaining to the performance of the Work, and Claims seeking A. Without invalidating the Agreement and without notice
<br /> changes in the Contract Price or Contract Times will be referred to any surety, OWNER may, at any time or from time to
<br />time,
<br /> initially to ENGINEER in writing , in accordance with the order additions, deletions, or revisions in the
<br /> Work by a Written
<br /> ' provisions of paragraph 10. 05, with a request for a formal Amendment, a Change Order, or a Work
<br />Change Directive.
<br /> decision. Upon receipt of any such document, CONTRACTOR shall
<br /> promptly proceed with the Work involved which will be
<br /> B. When functioning as interpreter and judge under this performed under the applicable conditions of the Contract
<br /> paragraph 9.09, ENGINEER will not show partiality to OWNER Documents (except as otherwise specifically provided).
<br /> or CONTRACTOR and will not be liable in connection with any
<br /> interpretation or decision rendered in good faith in such B. If OWNER and CONTRACTOR are unable to
<br /> agree
<br /> capacity. The rendering of a decision by ENGINEER pursuant on entitlement to, or on the amount or extent, if
<br />any, of an
<br /> ' to this paragraph 9.09 with respect to any such Claim, dispute, adjustment in the Contract Price or Contract Times, or both, that
<br /> or other matter (except any which have been waived by the should be allowed as a result of a Work Change
<br /> Directive, a
<br /> making or acceptance of final payment as provided in Claim may be made therefore as provided in paragraph 10.05.
<br /> paragraph 14.07) will be a condition precedent to any exercise
<br /> by OWNER or CONTRACTOR of such rights or remedies as 10.02 Unauthorized Changes in the Work
<br /> either may otherwise have under the Contract Documents or by
<br /> Laws or Regulations in respect of any such Claim, dispute, or A. CONTRACTOR shall not be entitled to an increase in
<br /> other matter. the Contract Price or an extension of the Contract Times with
<br /> respect to any work performed that is not required by the
<br /> 9. 10 Limitations on ENGINEER's Authority and Respon- Contract Documents as amended, modified, or supplemented
<br /> sibilities as provided in paragraph 3.04, except in the case of an emer-
<br /> gency as provided in paragraph 6. 16 or in the case of
<br /> A. Neither ENGINEER's authority or responsibility under uncovering Work as provided in paragraph 13.04. B.
<br /> ' this Article 9 or under any other provision of the Contract
<br /> Documents nor any decision made by ENGINEER in good faith 10. 03 Execution of Change Orders
<br /> either to exercise or not exercise such authority or responsibility
<br /> or the undertaking, exercise, or performance of any authority or A. OWNER and CONTRACTOR shall execute appropri-
<br /> responsibility by ENGINEER shall create, impose, or give rise to ate Change Orders recommended by ENGINEER (or Written
<br /> any duty in contract, tort, or otherwise owed by ENGINEER to Amendments) covering:
<br /> CONTRACTOR, any Subcontractor, any Supplier, any other
<br /> ' 6706-38392\8/20/03 00700-23 VRB
<br />
|