|
be consistent with the intent of and reasonably CONTRACTOR the ENGINEER's preliminary
<br /> inferable from the Contract Documents. Such written determinations on such matters before rendering a
<br /> clarifications and interpretations will be binding on written decision thereon (by recommendation of an
<br /> OWNER and CONTRACTOR. If OWNER and CON- Application for Payment or otherwise). ENGINEER's
<br /> TRACTOR are unable to agree on entitlement to or on written decision thereon will be final and binding
<br /> the amount or extent, if any, of any adjustment in the (except as modified by ENGINEER to reflect changed
<br /> Contract Price or Contract Times, or both , that should factual conditions or more accurate data) upon
<br /> be allowed as a result of a written clarification or OWNER and CONTRACTOR, subject to the
<br /> interpretation , a Claim may be made therefor as provisions of paragraph 10. 05.
<br /> provided in paragraph 10 .05.
<br /> 9 . 09 Decisions on Requirements of Contract
<br /> 9 . 05 Authorized Variations in Work Documents and Acceptability of Work
<br /> A. ENGINEER may authorize minor variations in A. ENGINEER will be the initial interpreter of the
<br /> the Work from the requirements of the Contract requirements of the Contract Documents and judge of
<br /> Documents which do not involve an adjustment in the the acceptability of the Work thereunder. Claims,
<br /> Contract Price or the Contract Times and are compati- disputes and other matters relating to the acceptability
<br /> ble with the design concept of the completed Project of the Work, the quantities and classifications of Unit
<br /> as a functioning whole as indicated by the Contract Price Work, the interpretation of the requirements
<br />of
<br /> Documents. These may be accomplished by a Field the Contract Documents pertaining to the
<br /> Order and will be binding on OWNER and also on performance of the Work, and Claims seeking
<br /> CONTRACTOR, who shall perform the Work involved changes in the Contract Price or Contract Times will
<br /> promptly. If OWNER and CONTRACTOR are unable be referred initially to ENGINEER in writing , in
<br /> to agree on entitlement to or on the amount or extent, accordance with the provisions of paragraph 10.05,
<br /> if any, of any adjustment in the Contract Price or with a request for a formal decision.
<br /> Contract Times, or both , as a result of a Field Order,
<br /> a Claim may be made therefor as provided in B. When functioning as interpreter and judge
<br /> paragraph 10. 05. under this paragraph 9. 09, ENGINEER will not show
<br /> partiality to OWNER or CONTRACTOR and will not
<br /> 9 . 06 Rejecting Defective Work be liable in connection with any interpretation or
<br /> decision rendered in good faith in such capacity. The
<br /> A. ENGINEER will have authority to disapprove rendering of a decision by ENGINEER pursuant to this
<br /> or reject Work which ENGINEER believes to be paragraph 9. 09 with respect to any such Claim ,
<br /> defective, or that ENGINEER believes will not produce dispute, or other matter (except any which have been
<br /> a completed Project that conforms to the Contract waived by the making or acceptance of final payment
<br /> Documents or that will prejudice the integrity of the as provided in paragraph 14. 07) will be
<br />a condition
<br /> design concept of the completed Project as a precedent to any exercise by OWNER or
<br /> functioning whole as indicated by the Contract CONTRACTOR of such rights or remedies as either
<br /> Documents. ENGINEER will also have authority to may otherwise have under the Contract Documents or
<br /> require special inspection or testing of the Work as by Laws or Regulations in respect of any such Claim
<br />,
<br /> provided in paragraph 13. 04 , whether or not the Work dispute, or other matter,
<br /> is fabricated , installed, or completed.
<br /> 9. 10 Limitations on ENGINEER's Authority and
<br /> 9. 07 Shop Drawings, Change Orders and Responsibilities
<br /> Payments
<br /> A. Neither ENGINEER's authority or respon-
<br /> A. In connection with ENGINEER's authority as sibility under this Article 9 or under any other provision
<br /> to Shop. Drawings and Samples, see paragraph 6. 17 . of the Contract Documents nor any decision made by
<br /> ENGINEER in good faith either to exercise or not
<br /> B. In connection with ENGINEER's authority as exercise such authority or responsibility or the
<br /> to Change Orders, see Articles 10, 11 , and 12 . undertaking , exercise, or performance of any authority
<br /> or responsibility by ENGINEER shall create, impose,
<br /> C. In connection with ENGINEER's authority as or give rise to any duty in contract, tort, or otherwise
<br /> to Applications for Payment, see Article 14. owed by ENGINEER to CONTRACTOR, any Subcon-
<br /> tractor, any Supplier, any other individual or entity, or
<br /> 9. 08 Determinations for Unit Price Work to any surety for or employee or agent of any of them.
<br /> A. ENGINEER will determine the actual quanti- B. ENGINEER will not supervise, direct, control ,
<br /> ties and classifications of Unit Price Work performed or have authority over or be responsible for
<br /> by CONTRACTOR. ENGINEER will review with CONTRACTOR's means, methods, techniques, sem
<br /> 00700 - General Conditions REV 04-07.doc
<br /> 00700 - 28
<br /> FAPublic Works%ENGINEERING DIVISION PROJECTS\0545=66Th Ave SR60 to 57th St (Arcadis)Wdmim\Bld Documents\00700 - General Conditions REV 0"Tdoc
<br />
|