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provided in paragVh 13 04, whether or riot the Work is fabricated, installed, or
<br />completed
<br />WrIM172170M,
<br />A In 'ort with ENGINEER's authority as to Shop Drawings and
<br />Samples, see paragraph 6 17
<br />B In tion with ENOINFER's-authonty as to Change Orders, see
<br />Articles 10. 11. and 12
<br />C In connection with ENGINEER's authority as to Applications for
<br />Payment, see Article 14.
<br />M
<br />A ENGINEERwill delarinine the actual quantities and classifications of
<br />Unit Price Work paffonned by CONT RACTOR, ENGINEER will review with
<br />CON TR ACTOR the ENGINEER's piclurtinary cleterininations on such matters
<br />before rendenng a written decision thereon (by recommendation of an
<br />Appbcallon for Payment Orotherwase) ENCYINFFR's written decision thereon
<br />will be final and binding (except as modified by ENGINEER to reflect changed
<br />factual cion-irlitions or more accurate data) upon OWNER and CONTRACTOR,
<br />subject to the provisions of paragraph 10.05
<br />909 Decajoits on Requirement: of Contract Dorument: ond
<br />Acceptability offork
<br />A. ENGINEER will be the initial interpreter of the requirements of the
<br />Contract Documents and judge of the Acceptability of the Work thereunder
<br />Claims, disputes and other matters relalmg to the acceptability Ofthe Work, the
<br />quantities and classifications of Unit Prict. Work, the interpretation of the
<br />requirements of the Contract Documents pertaining to the performance of the
<br />Work, and Claum seeking rha-UgLS in the Contract Prim or Contract Times will
<br />be related iimrAv in ENGrNEFR in writing, in accordance with the provisions
<br />of paragraph 10 05, with a reqs ed for a formal decision.
<br />WINNOW," ri I i I a
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<br />70111!11217�11 A
<br />X Neither ENGINEEWs authority or responsibility under this Article 9
<br />or unda any other provision of the Contract Documents nor any decision made
<br />by EN GLNEER in good faith either to exercise or not exercise such authority or
<br />responsibility or the undertaking, exercise, or pedbanance of any authority or
<br />responsibility by ENGINEER shall crejae. impose, or give rise to any duty in
<br />contract, tort, orotherwise owed by ENGINEER to CONTRACTOR, any
<br />Subcontractur,any Supplier, any other individual or entity, Orin any sir retyfor
<br />or employee or aged of any of thum
<br />B, ENG INEERwill not sup"vise, dir"A wntrol, or have authority over
<br />or be rcsponsilik for CO rOR's means, methods, techniques, sequences
<br />of procedures: ofoonaltruction, or the siefiety precautions and programs student
<br />thereto, or for any Winne of CCKMACTOR to comply with Laws and
<br />Regis la Lions applicable to the performance of the Work. ENGINEER will not
<br />be responsibla for C014TRACTOR's failure to perform the Work in accordance
<br />with Ile Contract Documents.
<br />C. ENGINEER will not be responsible for the acts or oullissions: o!i
<br />CONTRACTOR or of any Suboontractor, any Supplier, or of any other
<br />individual or entity perfloruting any of the Work.
<br />D ENGINEER's review of the final Application for payment and
<br />accompanying documentation and all maintenance and operating instruct.ions,
<br />scbedulo., guarzadre% Bonds, certificates ofins;icction, tests and approvals, and
<br />oil= dowmaitation required to be delivered by paragraph 14.07 A will only be
<br />to dettruque generally that their content complies with the requirements o& and
<br />in the case of certificates of inspeclions, tests, AM approvals 1W the results
<br />certified indicate compliance with, the Contract Documents.
<br />E. The limitations upon audioiity and responsibility set forth in this
<br />paragr* 9 10 shall also apply to ENGINEER's Consultants, Resident PFOJCL[
<br />Representative, and assistArdis
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />loo Authorized Changer in the Work
<br />A. Without my the Agreement and without notice to Any surety,
<br />OWNER may, at any time or from turne to tune. order additions, deletions, or
<br />revisions ui the Work by a Written Amendment, a Chute Order, or a Work
<br />ChangeDirective Upon receipt of any such document, CONTRACTOR shall
<br />promptly proceed with the Work involved which will be performed under the
<br />applicable conditions of the Contract Documents (except as otherwise
<br />specifically provided).
<br />H IfOWNER and CONTRACTOR are unable to agree on entitlement
<br />10.02 Unouthonmd Changes to the Work
<br />A, CONTRACTOR shall not be entitled to an increase in the Contact
<br />price or an extension of the Contract Tintes with respect to any work performed
<br />that is not required by the Contract Documents as amended, modified, or
<br />supplemented as provided in paragraph 3.04, except in the case of an emergency
<br />as provided in paragraph 6,16 or a, the case of uncovering Work as provided in
<br />paragraph 13 1142,
<br />A. OWNER and CONTRACTOR shall execute appropriate Change
<br />Orders recommended by ENGINEER (or Written Anicittiments) covering -
<br />1. chang to the Work which are. (a) ordered by OWNER pursuant
<br />to paragraph 1001 A, (til requir(:d because ofacceptanDs of defective Work
<br />underpat-a"li 13 08A or OWNER's correction o(clefiective Work tinder
<br />parapVh 13.09. or (iii} agreed to by the parties,
<br />2 changes in the Contract Price or Contract Times which are
<br />agreed to by the parlies, includingany undo-,puted sum or amount of time for
<br />Work actually performed in accordance vitt a Work Change Directive, and
<br />3 changes in the Contract Prim or Conlract Tunes which embody
<br />the subsLarwe ofany written decision ren red by ENG ER pursuant to
<br />pzragraph 10.05-, provided lbid, in lieu of executing any such ChLW Order,
<br />an appeal may be taken from any such decision in ac=danca with the
<br />prowicris of contract Docurnords and applicable La vis and Regulations,
<br />but during any such Appeal, CONTRACTOR shall carry on the Work and
<br />Adhere to the progress schedule as provided in paragraph 6. IS.A.
<br />10.04 Notification to Surety
<br />A. Ifootice of any change affecting the general scope of the Work or the
<br />provisions ofthe Contract Documents (including, but not limited to, COVIUMd
<br />Price or ContractTunes) is required by the provimons of any Bond to be given
<br />to a surety, the giving of any such notice will be CONTRACTOR's
<br />responsibility The amount of each Applicable Bond will be Adjusted to reflect
<br />Uta effect of any such change
<br />10,05 Claims andAspufos
<br />A. Notice: Written notice Ailing the g Dab= of each CIR111%
<br />dispule, or othermallisr shall be delivered by the claimant to ENGINEER and the
<br />odic, party to the Conbad promptly (but m no event later than 30 days) After the
<br />Sian
<br />of the overd givingrisellawo. Notice ofthe amounLorBxtentoftkCiaum,
<br />dispute, or other matter with supporting dab shall be delivered to the
<br />ENGMER and the other party to The CouLract within 60 days after the start of
<br />such event (unless ENGINEER allows additional time for claimant to submit
<br />additional or more accurate data in support of such Claim, dispute, orother
<br />matter). A claim for an ar4astruent in Coneiratt Price shall be prepared in
<br />Accordance with the provisions of paragraph 12,01.13. A Claim for an
<br />adjustment in Contact Time shall be prepared in accordance with the provisions
<br />ofpuasrapb 12.02,B. Each Claim shall
<br />Me �ed to _t.RLecnt the entire
<br />Adjustment to which the claimant believes it is entitled as a result of said event,
<br />
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