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a Claim niay be made therefor as provided in accordance with the provisions of paragraph 10.05,
<br /> paragraph 10.05. With a request for a formal decision.
<br /> 9.06` Rejecting Defective Work B: When, functioning as interpreter and,judge
<br /> under this,paragraph 9.09,__ENGINEER'will-not show
<br /> A. ENGINEER will have_authority to disapprove partiality to OWNER,or-CONTRACTOR and will not
<br /> or reject Work which ENGINEER believes to be be liable: in connectionwith. any, interpretation' or
<br /> defective; or that ENGINEER believes will not produce decision rendered in good faith in such capacity:. The
<br /> a completed Project"that conforms to the- Contract rendering of a decision by ENGINEER pursuant to this
<br /> Documents or that will prejudice the integrity of the paragraph 9.09 with respect, to any such Claim,
<br /> design concept of the completed Project as a dispute, or other matter(except any which have been
<br /> functioning whole as indicated by the Contract waived by the making or acceptance of final payment
<br /> Documents. ENGINEER will also have authority to as provided in paragraph 14;07) will be a condition
<br /> require special inspection or testing of the Work._as precedent 10 - any" exercise by- OWNER or
<br /> provided in paragraph 13.04,whether or not the Work CONTRACTOR of such rights or remedies as either
<br /> is fabricated, installed, or completed. may otherwise have under the Contract Documents-or
<br /> .by.Laws or Regulations in respect of any such Claim,
<br /> _9.07 Shop Drawings, Change Orders and dis_pute,or other matter.
<br /> Payments
<br /> 9.10 Limitations on ENGINEER's Authority and
<br /> A. In connection with ENGINEER's authority as Responsibilities
<br /> to Shop Drawings and Samples, see paragraph 6.17.
<br /> A. .Neither ENGINEER's, authority or .respon-
<br /> B.. In connection with ENGINEER's authorityas sibility. under this Article 9 or under any other provision
<br /> to Change Orders, see Articles 10, 11,and 12: of the Contract Documen
<br /> nts or any decision made by
<br /> ENGINEER in good faith either to exercise or not
<br /> C. Irl connection with ENGINEER's authority as exercise such authority. or, responsibility or` the
<br /> to Applications for Payment,see Article 14. undertaking, exercise; or performance of any authority
<br /> or responsibility by ENGINEER 'shall create, impose;
<br /> 9.08_ Determ_ inations for Un_it'Price Work' or give rise to any duty, in contract,.tort, or'ottieiwise
<br /> owed by ENGINEER to CONTRACTOR,-any Subcon-
<br /> A_. ENGINEER will determine the actual,gyanti- tractor;any Supplier;any other individual or entity;:or
<br /> ties:and classifications of Unit Price Work performed to any surety for or.employee or"agenfof any of them.
<br /> by CONTRACTOR. ENGINEER will review with
<br /> CONTRACTOR the ENGINEER's. preliminary B... ENGINEER'Will not supervise; direct;,control,
<br /> determinations'on such matters .before rendering a or have authority over or_ be responsible. 'for
<br /> Written decision thereon- (by--recommendation. of an CONTRACTOR's means,..mbthods, techniques; se-
<br /> Application for Payment or otherwise). ,ENGINEER's quences;,or procedures,of:construction,:or$ie;safety
<br /> :Written decision thereon Will. be__final and binding precautions and programs incident thereto, odor any
<br /> (except as'*niodified by ENGINEER-to reflect changed failure:of CONTRACTOR to�'coinply. with:Laws and
<br /> factual conditions or, more__accurate data)' upon Regulations, 'applicable: to: the performance .of the
<br /> OWNER and CONTRACTOR; subject to the Work: ENGINEER -will -not be responsible `for
<br /> provisions of paragraph 10.05. CONTRACTOR's, failure, -to perform=._the. Work in
<br /> accordance with the,Contract Documents.
<br /> 9.09 Decisions on-Requirementsiof Contract
<br /> Documents and Acceptability of Work C: ENGINEER will 'not be, responsible; for the
<br /> acts or omissionsr of;.CONTRACTOR. or .of any
<br /> A ENGINEER.will'be.theinitial interpreter=of the Subcontractor, any Supplier, or of any other individual
<br /> requirements:of-the Contract Documents;and judge-of "or-entity performing any.of the Work:
<br /> theacceptability acceptability of the 'Work thereunder. Claims;
<br /> disputes and other matters relating to,the acceptability D.. ENGINEER'sL review of the final'Application
<br /> of the Work; the quantities and.classifications of Unit'- for Payment and accompanying-documentation and all
<br /> Price.Work, the interpretation of the-requirements of maintenance and operating instructions;, schedules,
<br /> -,the Contract Documents pertaining to, the.: :guarantees,. Bonds,',certificates of inspection; tests
<br /> performance of the Work; .and Claims; seeking, and:-approvals,. and_.other documentation required'to
<br /> .changes in>the Contract.Price-or Contract Times will, be: delivered by :paragraph 14.0TA will ,only be•,-to
<br /> be referred. initially .40 ENGINEER., 1n, ;writing; 'in determine, generally that content complies'=-with
<br /> the requirements.of, and-in the,.case of certificates-of
<br /> 00700'-General Condit Ions REV.5.10-13
<br /> 00'700'=29
<br /> FAPublic Works1ENGINEERING WSION PR0JECTS113304.R.C.GoLine Transfer HLONAdmiftid documentsWWaster Contract Daaunents100700:Geral Conditions REV 510-13.doc
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