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<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 14.07.A will only be to
<br /> be referred initially to ENGINEER in writing, in determine generally that their content complies with
<br /> accordance with the provisions of paragraph 10.05, the requirements of, and in the case of certificates of
<br /> with a request for a formal decision. inspections, tests, and approvals that the results
<br /> certified indicate compliance with, the Contract
<br /> B. When functioning as interpreter and judge Documents.
<br /> under this paragraph 9.09, ENGINEER will not show
<br /> partiality to OWNER or CONTRACTOR and will not E. The limitations upon authority and responsibil-
<br /> be liable in connection with any interpretation or ity set forth in this paragraph 9.10 shall also apply to
<br /> decision rendered in good faith in such capacity. The ENGINEER's Consultants, Resident Project Repre- j
<br /> rendering of a decision by ENGINEER pursuant to this sentative, and assistants. I
<br /> paragraph 9.09 with respect to any such Claim,
<br /> dispute, or other matter(except any which have been ARTICLE 10-CHANGES IN THE WORK; CLAIMS
<br /> waived by the making or acceptance of final payment
<br /> as provided in paragraph 14.07) will be a condition
<br /> precedent to any exercise by , OWNER or 10.01 Authorized Changes in the Work
<br /> CONTRACTOR of such rights or remedies as either
<br /> may otherwise have under the Contract Documents or A. Without invalidating the Agreement and
<br /> by Laws or Regulations in respect of any such Claim, without notice to any surety, OWNER may, at any time
<br /> dispute,or other matter, or from time to time, order additions, deletions, or
<br /> revisions in the Work by a Written Amendment, a
<br /> 9.10 Limitations on ENGINEER's Authority and Change Order, or a Work Change Directive. Upon
<br /> Responsibilities receipt of any such document, CONTRACTOR shall
<br /> promptly proceed with the Work involved which will be `
<br /> A. Neither ENGINEER's authority or respon- performed under the applicable conditions of the
<br /> sibility under this Article 9 or under any other provision Contract Documents (except as otherwise specifically
<br /> of the Contract Documents nor any decision made by provided).
<br /> ENGINEER in good faith either to exercise or not I
<br /> exercise such authority or responsibility or the B. If OWNER and CONTRACTOR are unable to
<br /> undertaking, exercise, or performance of any authority agree on entitlement to, or on the amount or extent, if
<br /> or responsibility by ENGINEER shall create, impose, any,of an adjustment in the Contract Price or Contract
<br /> or give rise to any duty in contract, tort, or otherwise Times, or both, that should be allowed as a result of a
<br /> owed by ENGINEER to CONTRACTOR, any Subcon- Work Change Directive, a Claim may be made
<br /> tractor, any Supplier, any other individual or entity, or therefor as provided in paragraph 10.05.
<br /> to any surety for or employee or agent of any of them.
<br /> 10.02 Unauthorized Changes in the Work i
<br /> B. ENGINEER will not supervise, direct, control,
<br /> or have authority over or be responsible for A. CONTRACTOR shall not be entitled to an
<br /> CONTRACTOR's means, methods, techniques, se- increase in the Contract Price or.an extension of the
<br /> quences, or procedures of construction, or the safety Contract Times with respect to any work performed
<br /> precautions and programs incident thereto, or for any that is not required by the Contract Documents as
<br /> failure of CONTRACTOR to comply with Laws and amended, modified, or supplemented as provided in
<br /> Regulations applicable to the performance of the paragraph 3.04, except in the case of an emergency
<br /> Work. ENGINEER will not be responsible for as provided in paragraph 6.16 or in the case of
<br /> CONTRACTOR's failure to perform the Work in uncovering Work as provided in paragraph 13.04.6.
<br /> accordance with the Contract Documents.
<br /> 10.03 Execution of Change Orders
<br /> C. ENGINEER will not be responsible for the
<br /> acts or omissions of CONTRACTOR or of any A. OWNER and CONTRACTOR shall execute
<br /> Subcontractor, any Supplier, or of any other individual appropriate Change Orders recommended by ENGI-
<br /> or entity performing any of the Work. NEER(or Written Amendments)covering:
<br /> D. ENGINEER's review of the final Application 1. changes in the Work which are: (i)
<br /> for Payment and accompanying documentation and all ordered by OWNER pursuant to paragraph
<br /> maintenance and operating instructions, schedules, 10.01.A, (ii) required because of acceptance of
<br /> guarantees, Bonds, certificates of inspection, tests defective Work under paragraph 13.08.A or
<br /> 00700-General Conditions REV 5-10-13
<br /> 00700-30
<br /> I'APublic WorksXENGINEE RING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Or Wesl\AdmimWd documents\Master Contract Documents\00700-
<br /> General Conditions REV 5-10-13.doc
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