Laserfiche WebLink
M <br />M <br />am <br />IM <br />701 <br />J <br />L <br />r <br />it <br />M <br />r <br />rr <br />on <br />B. ENGINEER's visits and observations are <br />subject to all the limitations on ENGINEER's authority <br />and responsibility set forth in paragraph 9.10, and <br />particularly, but without limitation, during or as a result <br />of ENGINEER's visits or observations of <br />CONTRACTOR's Work ENGINEER will not <br />supervise, direct, control, or have authority over or be <br />responsible for CONTRACTOR's means, methods, <br />techniques, sequences, or procedures of construc- <br />tion, or the safety precautions and programs incident <br />thereto, or for any failure of CONTRACTOR to comply <br />with Laws and Regulations applicable to the <br />performance of the Work. <br />9.03 Project Representative <br />A. If OWNER and ENGINEER agree, ENGI- <br />NEER will furnish a Resident Project Representative <br />to assist ENGINEER in providing more extensive <br />observation of the Work. The responsibilities and <br />authority and limitations thereon of any such Resident <br />Project Representative and assistants will be as <br />provided in paragraph 9.10 and in the Supplementary <br />Conditions. If OWNER designates another represen- <br />tative or agent to represent OWNER at the Site who is <br />not ENGINEER's Consultant, agent or employee, the <br />responsibilities and authority and limitations thereon <br />of such other individual or entity will be as provided in <br />the 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 Documents <br />as ENGINEER may determine necessary, which shall <br />be consistent with the intent of and reasonably <br />inferable from the Contract Documents. Such written <br />clarifications and interpretations will be binding on <br />OWNER and CONTRACTOR. If OWNER and CON- <br />TRACTOR are unable to agree on entitlement to or <br />on the amount or extent, if any, of any adjustment in <br />the Contract Price or Contract Times, or both, that <br />should be allowed as a result of a written clarification <br />or interpretation, a Claim may be made therefor as <br />provided in paragraph 10.05. <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 do not involve an adjustment in the <br />Contract Price or the Contract Times and are compat- <br />ible with the design concept of the completed Project <br />as a functioning whole as indicated by the Contract <br />Documents. These may be accomplished by a 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 />to agree on entitlement to or on the amount or extent, <br />if any, of any adjustment in the Contract Price or <br />Contract Times, or both, as a result of a Field Order, <br />a Claim may be made therefor as provided in <br />paragraph 10.05. <br />9.06 Rejecting Defective Work <br />A. ENGINEER will have authority to disapprove <br />or reject Work which ENGINEER believes to be <br />defective, or that ENGINEER believes will not <br />produce a completed Project that conforms to the <br />Contract Documents or that will prejudice the integrity <br />of the 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 testing of the Work as <br />provided in paragraph 13.04, whether or not the Work <br />is fabricated, installed, or completed. <br />9.07 Shop Drawings, Change Orders and <br />Payments <br />A. In connection with ENGINEER's authority as <br />to Shop Drawings and Samples, see paragraph 6.17. <br />B. In connection with ENGINEER's authority as <br />to Change Orders, see Articles 10, 11, and 12. <br />C. In connection with ENGINEER's authority as <br />to Applications 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 of Unit Price Work performed <br />by CONTRACTOR. ENGINEER will review with <br />CONTRACTOR the ENGINEER's preliminary <br />determinations on such matters before rendering a <br />written decision thereon (by recommendation of an <br />Application for Payment or otherwise). ENGINEER's <br />written decision thereon will be final and binding <br />(except as modified by ENGINEER to reflect changed <br />factual conditions or more accurate data) upon <br />OWNER and CONTRACTOR, subject to the <br />provisions of paragraph 10.05. <br />9.09 Decisions on Requirements of Contract <br />Documents and Acceptability of Work <br />A. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents and judge of <br />the acceptability of the Work thereunder. Claims, <br />disputes and other matters relating to the acceptability <br />of the Work, the quantities and classifications of Unit <br />00700-29 <br />F:\Engineedng\ WilliamsWiaster n"ct\Master Contract GowmentsW0700- General Conditions REV 04-07.doc <br />00700 - General Conditions REV 04-07 <br />