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ENGINEER's efforts will be directed toward providing Documents which do not involve an adjustment in the <br /> for OWNER a greater degree of confidence that the Contract Price or the Contract Times and are compati- <br /> completed Work will conform generally to the Contract ble with the design concept of the completed Project <br /> Documents. On the basis of such visits and as a functioning whole as indicated by the Contract <br /> observations, ENGINEER will keep OWNER informed Documents. These may be accomplished by a Field <br /> of the progress of the Work and will endeavor to guard order and will be binding on OWNER and also on <br /> OWNER against defective Work. CONTRACTOR, who shall perform the Work involved <br /> promptly. If OWNER and CONTRACTOR are unable <br /> B. ENGINEER's visits and observations are to agree on entitlement to or on the amount or extent, <br /> subject to all the limitations on ENGINEER's authority if any, of any adjustment in the Contract Price or <br /> and responsibility set forth in paragraph 9.10, and Contract Times, or both, as a result of a Field order, <br /> particularly, but without limitation, during or as a result a Claim may be made therefor as provided in <br /> of ENGINEER's visits or observations of paragraph 10.05. <br /> CONTRACTOR's Work ENGINEER will not <br /> supervise, direct, control, or have authority over or be 9.06 Rejecting Defective Work <br /> responsible for CONTRACTOR's means, methods, <br /> techniques, sequences, or procedures of construction, A. ENGINEER will have authority to disapprove <br /> or the safety precautions and programs incident or reject Work which ENGINEER believes to be <br /> thereto, or for any failure of CONTRACTOR to comply defective, or that ENGINEER believes will not produce <br /> with Laws and Regulations applicable to the a completed Project that conforms to the Contract <br /> performance of the Work. Documents or that will prejudice the integrity of the <br /> design concept of the completed Project as a <br /> 9.03 Project Representative functioning whole as indicated by the Contract <br /> Documents. ENGINEER will also have authority to <br /> A. If OWNER and ENGINEER agree, ENGI- require special inspection or testing of the Work as <br /> NEER will furnish a Resident Project Representative provided in paragraph 13.04, whether or not the Work <br /> to assist ENGINEER in providing more extensive is fabricated, installed, or completed. <br /> observation of the Work. The responsibilities and <br /> authority and limitations thereon of any such Resident 9.07 Shop Drawings, Change orders and <br /> Project Representative and assistants will be as Payments <br /> provided in paragraph 9.10 and in the Supplementary <br /> Conditions. if OWNER designates another represen- A. In connection with ENGINEER's authority as <br /> tative or agent to represent OWNER at the Site who is to Shop Drawings and Samples, see paragraph 6.17. <br /> not ENGINEER's Consultant, agent or employee, the <br /> responsibilities and authority and limitations thereon of B. In connection with ENGINEER's authority as <br /> such other individual or entity will be as provided in the to Change orders, see Articles 101 11, and 12. <br /> Supplementary Conditions. <br /> C. In connection with ENGINEER's authority as <br /> 9.04 Clarifications and Interpretations to Applications for Payment, see Article 14. <br /> A. ENGINEER will issue with reasonable 9.08 Determinations for Unit Price Work <br /> promptness such written clarifications or interpreta- <br /> tions of the requirements of the Contract Documents A. ENGINEER will determine the actual quanti- <br /> as ENGINEER may determine necessary, which shall ties and classifications of Unit Price Work performed <br /> be consistent with the intent of and reasonably by CONTRACTOR. ENGINEER will review with <br /> inferable from the Contract Documents. Such written CONTRACTOR the ENGINEER's preliminary <br /> clarifications and interpretations will be binding on determinations on such matters before rendering a <br /> OWNER and CONTRACTOR. If OWNER and CON- written decision thereon (by recommendation of an <br /> TRACTOR are unable to agree on entitlement to or on Application for Payment or otherwise). ENGINEER's <br /> the amount or extent, if any, of any adjustment in the written decision thereon will be final and binding <br /> Contract Price or Contract Times, or both, that should (except as modified by ENGINEER to reflect changed <br /> be allowed as a result of a written clarification or factual conditions or more accurate data) upon <br /> interpretation, a Claim may be made therefor as OWNER and CONTRACTOR, subject to the <br /> provided in paragraph 10.05, provisions of paragraph 10.05. <br /> 9.05 Authorized variations in Work 9.09 Decisions on Requirements of Contract <br /> Documents and Acceptability of Work <br /> A. ENGINEER may authorize minor variations in <br /> the Work from the requirements of the Contract <br /> 00700-General Conditions REV 04-07.doc <br /> 00700-28 <br /> F:1Public Works\EN G I N E E R I N G DIVIS10N PROJECM 1210-Sandridge Driving Range Tee Renovation\Admimlbid documents100700-General Conditions REV 04-07.doe <br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:09-OfficialDocuments:9069,Attachment Id 1,Page 95 <br />