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<br />B. Wbca fi~B as iDr.ezpracr UId judae UDder d1is <br />parasraph 9.09, ENGINEER. wiD DOt Ibow ~ 10 <br />OWNER .Gr".'CONTRACTOR::Ud wDl DOt be liable in <br />. c:ooaocticJIl with any interpretation or decision reodercd in <br />A. ENGINEEll will have authority to disapprove or.. . good faith in such capacity. The TCDderiDg of a decision by <br />reject Wort which ENGINEER believes to be defective, or ENGINEER pursuaat to this paragraph 9.09 with respect to <br />chat ENGINBER believes will not produce a completed any such Claim. dispute, or other matter (except any which <br />. Project Ibat CODforms to the Contract DocumeDlS or that will have been waived by the makiDg or acceptaDCe of fmal <br />prejudice die iaregrily oflbe design cooccpt ofebe completed paymem as provided in paragraph 14.07) will be a condition <br />Project as a fuactioDiDc whole as indicated by the Coattact prcccdCDt 10 any exercise by OWNER. or CONTRACJ'OR of <br />Documeats. ENGINBBR.will also have authority to require such rights or remedies as either may otherwise haw:. UDder <br />. special iDspection or lCStiDg of the Work as provided in. lbe CoottIct OOCIlmI!Qts or by Laws or Regu1adoas in respect <br />paragraph 13.04. wbether or DOt the Work is fabricated. of any sudl Claim. dispute. or other matter. <br />iDsta11ed. or c:ompleced. <br /> <br />rcpresc:Dtative or agent to represent OWNER at the Site who <br />is not ENGlNEER's Consultant, agent or employee, the <br />responsibilitics and authority and limitations thereon of such <br />other individual or entity will be as provided in the Supple- <br />mentary Conditions. <br /> <br />9.04 Clarifications and inJeTprerQr;ons <br /> <br />A. ENGINEER will issue with reasonable promptness <br />such written clarifications or interpretations of the require- <br />ments of the Contract Documents as ENGINEER may deter- <br />mine necessary, which shall be consistent with the intent of <br />and reasonably inferable from the Contract Documents. Such <br />written clarifications. and interpretations will be binding on <br />OWNER and CONTRACTOR. If OWNER and CON- <br />TRACTOR arc unable to agree on entitlement to or on the <br />amoUDl or extent, if any, of any adjustmcot in the Contract <br />Price or Conttact Times. or bach. that should be allowed as <br />a result of a written clarification or interpretation, a Oaim <br />may be made therefor as provided in paragraph 10.OS. <br /> <br />9.0S Authorized Variations in Work <br /> <br />A. ENGINEER may authorize minor variations in the <br />Work from the requirements of the Contract Documents <br />which do DOt involve' an adjustment in the Contract Price or <br />the Contract Times and arc compatible with the design <br />concept of the completed Project as a functioning whole as <br />indicated by the Contract Documents. These may be <br />accomplished by a Field Order and will be biDding on <br />OWNER aad also on CONTRACI'OR, who shall perform <br />Ibe Work involved promptly. If OWNER and CONTRAC- <br />TOR are unable to agree on entitlement to or on the amount <br />or eDcat, If any. of any adjustment in the Contract Price or <br />CoDtrICl Tunes, or both, as a result of a Field Order, a <br />Claim may be made 1b=for IS provided in parasrapb 10.05. <br /> <br />9.06 ReJeC/ing DtfeCliw. Wort <br /> <br />9.en ShDp Drawings, OiJznge Orden and Payments <br /> <br />~ In CODDCCCioIl with ENGINEER's authority as to Shop <br />Drawiql and Samples, see paragraph 6.17. <br /> <br />00700 - 28 <br /> <br />n <br /> <br />LJ <br /> <br />B. In connection with ENG[NEER's authority as to <br />Change Orders, see Articles 10, 11, and 12. n <br /> <br />LJ <br /> <br />C. In connection with ENGINEER's authority as tl <br />Applications for Payment, see Article 14. n <br /> <br />9.08 Determinar;onsfor Unit Price Work <br /> <br />LJ <br /> <br />A. ENGINEER will determine the actual quantities and <br />classifications of Unit Price Work perfonned by <br />CONTRACTOR. ENGINEER will review with CON- <br />TRACTOR the ENGINEER's preliminary determinations on <br />such matters before rendering a written decision thereon (by <br />recommendation of an Application for Payment or <br />otherwise). ENGINEER's written decision thereon will be <br />fmal and binding .(except . as. modified by ENGINEER to <br />reflect changed. factual 'conditions or more accurate data) <br />upon OWNER. and CONTRACTOR, subject to the <br />provisioas of paragraph 10.05. . <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br />u <br /> <br />9.09 Decisions on Requirements of Co1J/ract Documents <br />and AcceptobiUty of Work <br /> <br />n <br /> <br />A. ENGINEER will be the initial interpreter of the <br />requirements of the Contract DocumenCl and judge of the <br />acceptability of the Work thereunder. Claims. disputes and <br />other matters relating to the acceptability of the Work, the <br />quantities and classifications of Unit Price Work, the <br />interpretation of the requirements of the ContraCt Documents <br />pertaiDiDg to the performance of the Work, and Claims <br />scekiDg c:baDgcs in the Contract Price or. Conttact Times. will <br />be referred initially to ENGINBBR. in writing, in accordance <br />with the provisions of paragraph 10.0S. wieb a request for a <br />formal decision. <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />9.10 Limitations on ENGINf;ER's A.utlwrity tmd Respon- <br />sibilities . . <br />, <br />A. Neither ENGINEER's authority or responsibility <br />UDder this Aniclc 9 or UDder any other provision of am <br />Coatract Documeats nor any decision made by ENGINEER <br />. in good faith eitber to exercise or DOt exercise such authority <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br />