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<br />faulty or defective, or does not conform to the requirements of the Contract <br />Documents or does not meet the requirements of any inspection, test or approval <br />referred to in the Special Condition, or has been damaged prior to final <br />acceptance). He will also have authority to require special inspection or testing of <br />the Work as provided in the Special Conditions whether or not the Work is <br />fabricated, installed or completed. <br /> <br />Shop Drawings, Change Orders and Payments: <br /> <br /> 9.6 In connection with the ENGINEER'S responsibility as to Shop Drawings and <br />samples, see paragraphs 6.25 through 6.28, inclusive. <br /> <br />Responsibility for Change Orders: <br /> <br /> 9.7 In connection with the ENGINEER'S responsibility for Change Orders, see <br />Articles 10, 11, and 12. <br /> <br />Application of Payments: <br /> <br /> 9.8 In connection with the ENGINEER'S responsibilities in respect of Application <br />of Payment, etc., see Article 14. <br /> <br />Resident Project Representative: <br /> <br /> 9.9 The ENGINEER will provide construction observation and inspection sufficient <br />to confirm to the OWNER and all applicable regulatory agencies that construction <br />is in compliance with the Construction Drawings and the contract specifications. <br /> <br />Decisions on Disagreements: <br /> <br /> 9.10 The ENGINEER will be the interpreter of the terms and conditions of the <br />Contract Documents and the judge of the performance thereunder. In his capacity <br />as interpreter and judge he will exercise his best efforts to insure faithful <br />performance by both the OWNER and the CONTRACTOR. He will not show <br />partiality to either and shall not be liable for the result of any interpretation or <br />decision rendered in good faith. Claims, disputes and other matters relating to the <br />execution and progress of the Work or the interpretation of a performance under <br />the Contract Documents shall be referred to the ENGINEER for decision, which he <br />shall render in writing within ten days of the time that such claim has been <br />presented to him in writing. <br /> <br />Limitations on Engineer's Responsibilities: <br /> <br /> 9.11.1 Neither the ENGINEER'S authority to act under this Article 9 nor any <br />decision made by him in good faith either to exercise or not exercise such authority <br />shall give rise to any duty or responsibility of the ENGINEER to the <br /> <br />City of Sunny Isles Beach <br />NE 174th Street Roadway Improvements <br />00700- <br />26 <br />General Conditions <br />14-1758 / 09-19-2014 <br />