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and responsibility set forth in paragraph 9 10, and to agree on entitlement to or on the amount or extent, particularly, but without limitation, during or as a result if any, of any adjustment in the Contract Price or of ENGINEER's visits or observations of Contract Times, or both, as a result of a Field Order, CONTRACTOR's Work ENGINEER will not a Claim may be made therefor as provided in supervise, direct, control, or have authority over or be paragraph 10.05. responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, 9.06 Rejecting Defective Work or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. ENGINEER will have authority to disapprove with Laws and Regulations applicable to the or reject Work which ENGINEER believes to be performance of the Work. defective,or that ENGINEER believes will not produce a completed Project that conforms to the Contract 9.03 Project Representative Documents or that will prejudice the integrity of the design concept of the completed Project as a A. If OWNER and ENGINEER agree, ENGI- functioning whole as indicated by the Contract NEER will furnish a Resident Project Representative Documents. ENGINEER will also have authority to to assist ENGINEER in providing more extensive require special inspection or testing of the Work as observation of the Work. The responsibilities and provided in paragraph 13 04, whether or not the Work authority and limitations thereon of any such Resident is fabricated, installed, or completed. Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary 9.07 Shop Drawings, Change Orders and Conditions. If OWNER designates another represen- Payments tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the A. In connection with ENGINEER's authority as responsibilities and authority and limitations thereon of to Shop Drawings and Samples,see paragraph 6 17. such other individual or entity will be as provided in the Supplementary Conditions. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.04 Clarifications and Interpretations C. In connection with ENGINEER's authority as A. ENGINEER will issue with reasonable to Applications for Payment,see Article 14. promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9.08 Determinations for Unit Price Work as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will determine the actual quanti- ! inferable from the Contract Documents. Such written ties and classifications of Unit Price Work performed clarifications and interpretations will be binding on by CONTRACTOR. ENGINEER will review with OWNER and CONTRACTOR. If OWNER and CON- CONTRACTOR the ENGINEER's preliminary TRACTOR are unable to agree on entitlement to or on determinations on such matters before rendering a the amount or extent, if any, of any adjustment in the written decision thereon (by recommendation of an Contract Price or Contract Times, or both, that should Application for Payment or otherwise). ENGINEER's be- allowed as a result of a written clarification or written decision thereon will be final and binding interpretation, a Claim may be made therefor as (except as modified by ENGINEER to reflect changed provided in paragraph 10.05. factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the 9.05 Authorized Variations in Work provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in 9.09 Decisions on Requirements of Contract the Work from the requirements of the Contract Documents and Acceptability of Work Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- A. ENGINEER will be the initial interpreter of the ble with the design concept of the completed Project requirements of the Contract Documents and judge of as a functioning whole as indicated by the Contract the acceptability of the Work thereunder. Claims, Documents. These may be accomplished by a Field disputes and other matters relating to the acceptability Order and will be binding on OWNER and also on of the Work, the quantities and classifications of Unit CONTRACTOR, who shall perform the Work involved Pdce Work, the interpretation of the requirements of promptly If OWNER and CONTRACTOR are unable the Contract Documents pertaining to the 00700-General Conditions REV 5-10-13 00700-29 P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr west\Admim\bid documents\Master Contract Documents1007D0- General Conditions REV 5-10-13.doc