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authority and limitations thereon ofany such Resident <br />Project Representative and assistants will be as <br />provided in paragraph9.1Uand inthe Supplementary <br />Conditions. |fOWNER designates another represen- <br />tative oragent torepresent OWNER at the Site who is <br />not ENG|NEEF1's Consu|tant, agent oremployee, the <br />responsibilities and authority and limitations thereon of <br />such other individual orentity will bemaprovided inthe <br />Supplementary Conditions. <br />9.04 Clarifications and Interpretations <br />A. ENGINEER will issue with reasonable <br />promptness such written clarifications or interpreta- <br />tions of the requirements of the Contract <br />nterpretadoneoftherequinomenbsofUhoContract Documents <br />ooENGINEER may determine necessary, which shall <br />be consistent with the intent of and naaaonobk/ <br />inferable from the Contract Documents. Such written <br />clarifications and interpretations will be binding on <br />OWNER and CONTRACTOR. |fOWNER and CON- <br />TRACTOR are unable boagree onentitlement tooron <br />the amount orextent, if any, ofany adjustment in the <br />Contract Price orContract Times, Vrboth, thatshou|d <br />be o||oxwsd as a result of e written clarification or <br />interpretation, a Claim may be made therefor as <br />provided inparagraph 1O.O5. <br />9.05 Authorized Variations in Work <br />A. ENGINEER may authorize minor variations in <br />the Work from the requirements of the Contract <br />Documents which donot involve anadjustment inthe <br />Contract Price orthe Contract Times and are compati- <br />ble with the design concept ufthe completed Project <br />as a functioning whole as indicated by the Contract <br />Documents. These may beaccomplished by Field <br />Order and will be binding on OWNER and also on <br />CONTRACTOR, who shall perform the Work involved <br />promptly. If OWNER and CONTRACTOR are unable <br />toagree onentitlement tomronthe amount orextent, <br />if any, of any adjustment in the Contract Phma or <br />Contract Times, or both, as a result of a Field Order, <br />a Claim may be made therefor as pnn/kJed in <br />paragraph 10.05. <br />9.06 Rejecting Defective Work <br />A. ENGINEER will have authority to disapprove <br />or reject \8hodk which ENGINEER believes to be <br />defective, orthat ENGINEER believes will not produce <br />a completed Project that conforms to the Contract <br />Documents or that will prejudice the integrity of the <br />design concept of the completed Project as a <br />functioning whole as indicated by the Contract <br />Documents. ENGINEER will also have authority to <br />require special inspection or basbn@ of the Work as <br />provided in paragraph 13.U4.whether ornot the Work <br />mfabricated, installed, orcompleted. <br />9.07 Shop Drawings, Orders and <br />Payments <br />A. In connection with EM{S|NEER'sauthority aa <br />toShop Drawings and Samples, see paragraph 8.17. <br />B. |nconnection with ENG|NEER('aauthority as <br />toChange Orders, see Articles 1O.11.and 12. <br />C. In connection with ENG|NEER'n authority as <br />bzApplications for Payment, see Article 14. <br />9.08 Determinations for Unit Price Work <br />A, ENGINEER will determine the actual quanti- <br />ties and classifications ofUnit Price Work performed <br />by CONTRACTOR. ENGINEER will review with <br />CONTRACTOR the ENB|NEER.a 'preliminary <br />determinations on such nnekbans before rendering a <br />written decision thereon (by recommendation of an <br />Application for Payment orotbenMse. ENGINEEFCs <br />written decision thereon will be final and binding <br />(except msmodified bvENGINEER ioreflect changed <br />factual conditions or more accurate data) upon <br />OWNER 'and CONTRACTQR, subject to the <br />provisions ofparagraph 1D.05. <br />9.09 Decisions on Requirements of Contract <br />Documents and Acceptability of Work <br />A. ENGINEER will be the initial of the <br />requirements ofthe Contract Documents and judge of <br />the acceptability of the Work thereunder. Claims, <br />disputes and other nnatterore|aUngtothmaoceptabi|ib/ <br />ofthe Work, the quantifies and classifications ofUnit <br />Price Work, the interpretation ofthenequimamantsof <br />the Contract Documents pertaining to the <br />performance of the Work, and Claims seeking <br />changes in the Contract Price or Contract Times will <br />be referred initially to ENGINEER in writing, in <br />accordance with the provisions of paragraph 10.05. <br />with arequest for aformal decision. <br />B. When functioning as interpreter and judge <br />under this paragraph g.08 ENGINEER will not show <br />partiality boOWNER mrCONTRACTOR and will not <br />be liable in connection with any interpretation or <br />decision rendered ingood faith insuch capacity. The <br />rendering ofodecision bvENGINEER pursuant tothis <br />paragraph 9.09 with respect to any such Claim, <br />diopubo, or other matter (except any which have been <br />waived bvthe making mvacceptance offinal payment <br />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 <br />00700-29 <br />F*ublic WorksTNGINEERING DIVISION PROJECTSX1305-CR512Resurf (SCOP)_Myrtlemm12Sth St\Adrnirn\bid docurnentsWaster Contract Doeunients\00700'General Conditions <br />