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authority and limitations thereon of any such Resident provided in paragraph 13 04, whether or not the Work <br /> Project Representative and assistants will be as is fabricated, installed, or completed. <br /> provided in paragraph 9 10 and in the Supplementary <br /> Conditions. If OWNER designates another represen- 907 Shop Drawings, Change Orders and <br /> tative or agent to represent OWNER at the Site who is Payments <br /> not ENGINEER's Consultant, agent or employee, the <br /> responsibilities and authority and limitations thereon of A. In connection with ENGINEER's authority as <br /> such other individual or entity will be as provided in the to Shop Drawings and Samples, see paragraph 6 17. <br /> Supplementary Conditions. <br /> B In connection with ENGINEER's authority as <br /> 9.04 Clarifications and Interpretations to Change Orders, see Articles 10, 11, and 12. <br /> A. ENGINEER will issue with reasonable C In connection with ENGINEER's authority as <br /> promptness such written clarifications or interpreta- to Applications for Payment, see Article 14 <br /> tions of the requirements of the Contract Documents <br /> as ENGINEER may determine necessary, which shall 9.08 Determinations for Unit Price Work <br /> be consistent with the intent of and reasonably <br /> inferable from the Contract Documents. Such written A. ENGINEER will determine the actual quanti- <br /> clarifications and interpretations will be binding on ties and classifications of Unit Price Work performed <br /> OWNER and CONTRACTOR. If OWNER and CON- by CONTRACTOR. ENGINEER will review with <br /> TRACTOR are unable to agree on entitlement to or on CONTRACTOR the ENGINEER's preliminary <br /> the amount or extent, if any, of any adjustment in the determinations on such matters before rendering a <br /> Contract Price or Contract Times, or both, that should written decision thereon (by recommendation of an <br /> be allowed as a result of a written clarification or Application for Payment or otherwise) ENGINEER's <br /> interpretation, a Claim may be made therefor as written decision thereon will be final and binding <br /> provided in paragraph 10.05 (except as modified by ENGINEER to reflect changed <br /> factual conditions or more accurate data) upon <br /> 9.05 Authorized Variations in Work OWNER and CONTRACTOR, subject to the <br /> provisions of paragraph 10.05. <br /> A. ENGINEER may authorize minor variations in <br /> the Work from the requirements of the Contract 9.09 Decisions on Requirements of Contract <br /> Documents which do not involve an adjustment in the Documents and Acceptability of Work <br /> Contract Price or the Contract Times and are compati- <br /> ble with the design concept of the completed Project A. ENGINEER will be the initial interpreter of the <br /> as a functioning whole as indicated by the Contract requirements of the Contract Documents and judge of <br /> Documents. These may be accomplished by a Field the acceptability of the Work thereunder. Claims, <br /> Order and will be binding on OWNER and also on disputes and other matters relating to the acceptability <br /> CONTRACTOR, who shall perform the Work involved of the Work, the quantities and classifications of Unit <br /> promptly If OWNER and CONTRACTOR are unable Price Work, the interpretation of the requirements of <br /> to agree on entitlement to or on the amount or extent, the Contract Documents pertaining to the <br /> if any, of any adjustment in the Contract Price or performance of the Work, and Claims seeking <br /> Contract Times, or both, as a result of a Field Order, changes in the Contract Price or Contract Times will <br /> a Claim may be made therefor as provided in be referred initially to ENGINEER in writing, in <br /> paragraph 10 05. accordance with the provisions of paragraph 10.05, <br /> with a request for a formal decision. <br /> 9.06 Rejecting Defective Work <br /> B When functioning as interpreter and judge <br /> A. ENGINEER will have authority to disapprove under this paragraph 9.09, ENGINEER will not show <br /> or reject Work which ENGINEER believes to be partiality to OWNER or CONTRACTOR and will not <br /> defective, or that ENGINEER believes will not produce be liable in connection with any interpretation or <br /> a completed Project that conforms to the Contract decision rendered in good faith in such capacity The <br /> Documents or that will prejudice the integrity of the rendering of a decision by ENGINEER pursuant to this <br /> design concept of the completed Project as a paragraph 9 09 with respect to any such Claim, <br /> functioning whole as indicated by the Contract dispute, or other matter (except any which have been <br /> Documents. ENGINEER will also have authority to waived by the making or acceptance of final payment <br /> require special inspection or testing of the Work as as provided in paragraph 14.07) will be a condition <br /> precedent to any exercise by OWNER or <br /> 00700-General Conditions REV 5.10.13.doc <br /> 00700-29 <br /> F1Public Works\ENGINEERING DIVISION PROJECTS10845B-Old Dixie Flury Sidewalk(38th Ln-45th St)1Admimibid documents\Master Contract Documents100700-General Conditions <br /> REV 5-10-13.doc <br />