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<br />representative or agent to represen! OWNER at the Site who <br />is not ENGINEER's Consultant, agent or employee, the <br />responsibilities 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 Clarifica1ions and 11l1erprefaJions <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 intCn! 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 are unable to agree on entitlement to or on the <br />amount or extent, if any, of any adjustment in (be Comract <br />Price or Contract Times, or both, that shouJd be allowed as <br />a result of a written clarification or interpretation, a Claim <br />may be made therefor as provided in paragraph 10.05. <br /> <br />9.05 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 not involve an adjustment in the Contract Price or <br />the Contract Times and are compatible with the design <br />concept of the completed Project a<; a functioning whole as <br />indicated by the Contract Documents, TI1ese may be <br />accomplished by a Field Order and will be binding on <br />OWNER and also on CONTRACTOR, who shall perform <br />the Work involved promptly, If OWNER and CONTRAC- <br />TOR are tmable to agree on entitlement to or on the amount <br />or extent, if any, of any adjustment in the Contract Price or <br />Contract Times, or both, as a result of a Field Order, a <br />Claim may be made therefor as provided in paragraph 10.05. <br /> <br />9.06 Rejecting Defective Work <br /> <br />A. ENGINEER will have authority to disapprove or <br />reject Work which ENGINEER believes to be dcfective, or <br />that ENGINEER believes will not produce a completed <br />Project that conforms to the Contract Documents or that will <br />prejudice the integrity of the design concept of the completed <br />Project as a functioning whole as indicated. by (be Contract <br />Documents, ENGINEER will also have authority to require <br />special inspection or testing of the Work as provided in <br />paragraph 13.04, whether or not the Work is fabricated, <br />installed, or completed. <br /> <br />9.07 Shop Drawings, Chpnge Orders and Payments <br /> <br />A. In connection with ENGINEER's authority as to Shop <br />Drawings and Samples, see paragraph 6.17. <br /> <br />00700 - 28 <br /> <br />B. In coIUlection with ENGINEER's authority as to <br />Change Orders, see Articles 10, II, and 12. <br /> <br />C. In connection with ENGINEER's authority as to <br />Applications for Payment, see Article 14, <br /> <br />9.08 Detemlinarionsfor Unit Price Work <br /> <br />A. ENGINEER will determine the actual quantities and <br />classifications of Unit Price Work performed 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 />ret1ect changed factual conditions or more accurate data) <br />upon OWNER and CONTRACTOR, subject to the <br />provisions of paragraph 10.05. <br /> <br />9.09 Decisions on Requirements of Contract Documents <br />and Acceptability ofWorl: <br /> <br />A. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents 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 />pertaining to the performance of the Work, and Claims <br />seeking changes in the Contract Price or Contract Times will <br />be referred initially to ENGINEER in writing, in accordance <br />with the provisions of paragraph 10.05, with a request for a <br />formal decision. <br /> <br />B. When fimc1ioning as interpreter and judge under this <br />paragraph 9.09. ENGINEER will not show partiality to <br />OWNER of.CONTRACfOR:::and will not be liable in <br />connection with any interpretation or decision rendered in <br />good faith in such capacity. The rendering of a decision by <br />ENmNEER pursuant to this paragraph 9.09 with respect to <br />any such Claim, dispute, or other matter (except any which <br />have been waived by the making or acceptance of. fInal <br />payment as provided in paragraph 14.07) will be a condition <br />precedent to any exercise by OWNER or CONTRACTOR of <br />such rights or remedies as either may otherwise have under <br />the Contract Documents or by Laws or Regulations in respect <br />of any such Claim, dispute, or other matter. <br /> <br />9.10 limila1ions on ENGINEER's Au1horiry and Respon- <br />sibilities <br /> <br />r <br />A. Neither ENGINEER's authority or responsibility <br />under this Article 9 or under any other provision of the <br />Contract Documents nor any decision made by ENGINEER <br />. in good faith either to exercise or not ex.ercise such authority <br />