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authority and limitations thereon of any such Resident provided in paragraph 13 . 04 , whether or not the Work Project Representative and assistants will be as is fabricated , installed , or completed . provided in paragraph 9 . 10 and in the Supplementary Conditions. If OWNER designates another represen- 9 . 07 Shop Drawings, Change Orders and tative or agent to represent OWNER at the Site who is Payments not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of A. In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Shop Drawings and Samples, see paragraph 6 . 17. Supplementary Conditions. B. In connection with ENGINEER's authority as 9 . 04 Clarifications and Interpretations to Change Orders, see Articles 101 11 , and 12 . A. ENGINEER will issue with reasonable C . In connection with ENGINEER's authority as promptness such written clarifications or interpreta- to Applications for Payment, see Article 14 . tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall 9. 08 Determinations for Unit Price Work be consistent with the intent of and reasonably inferable from the Contract Documents. Such written A. ENGINEER will determine the actual quanti- clarifications and interpretations will be binding on ties and classifications of Unit Price Work performed OWNER and CONTRACTOR . If OWNER and CON- by CONTRACTOR. ENGINEER will review with TRACTOR are unable to agree on entitlement to or on CONTRACTOR the ENGINEER's preliminary the amount or extent, if any, of any adjustment in the determinations on such matters before rendering a Contract Price or Contract Times, or both , that should written decision thereon ( by recommendation of an vbe allowed as a result of a written clarification or Application for Payment or otherwise) . ENGINEER's interpretation , a Claim may be made therefor as written decision thereon will be final and binding provided in paragraph 10 . 05 . (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon 9.05 Authorized Variations in Work OWNER and CONTRACTOR, subject to the provisions of paragraph 10. 05 . A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract 9 . 09 Decisions on Requirements of Contract Documents which do not involve an adjustment in the Documents and Acceptability of Work Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project A. ENGINEER will be the initial interpreter of the as a functioning whole as indicated by the Contract requirements of the Contract Documents and judge of Documents. These may be accomplished by a Field the acceptability of the Work thereunder. Claims, Order and will be binding on OWNER and also on disputes and other matters relating to the acceptability CONTRACTOR, who shall perform the Work involved of the Work, the quantities and classifications of Unit promptly. If OWNER and CONTRACTOR are unable Price Work, the interpretation of the requirements of to agree on entitlement to or on the amount or extent, the Contract Documents pertaining to the if any, of any adjustment in the Contract Price or performance of the Work, and Claims seeking Contract Times, or both , as a result of a Field Order, changes in the Contract Price or Contract Times will a Claim may be made therefor as provided in be referred initially to ENGINEER in writing , in paragraph 10 . 05. accordance with the provisions of paragraph 10. 05, with a request for a formal decision . 9. 06 Rejecting Defective Work B. When functioning as interpreter and judge A. ENGINEER will have authority to disapprove under this paragraph 9 . 09, ENGINEER will not show or reject Work which ENGINEER believes to be partiality to OWNER or CONTRACTOR and will not defective, or that ENGINEER believes will not produce be liable in connection with any interpretation or a completed Project that conforms to the Contract decision rendered in good faith in such capacity. The Documents or that will prejudice the integrity of the rendering of a decision by ENGINEER pursuant to this design concept of the completed Project as a paragraph 9 . 09 with respect to any such Claim , functioning whole as indicated by the Contract dispute, or other matter (except any which have been Documents. ENGINEER will also have authority to waived by the making or acceptance of final payment require special inspection or testing of the Work as as provided in paragraph 14. 07) will be a condition precedent to any exercise by OWNER or 00700 - General Conditions REV 04-07.doc 00700 - 29 FAPublic Works\ENGINEERING DIVISION PROJECTSN 102-Old Dixie Hwy Swk 8th St to SR 60-LAP\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 04-07. doc