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  2. Finance Committee - Agenda - 6/7/2017 - P169

Finance Committee - Agenda - 6/7/2017 - P169

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
169
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of
ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work.

9.03 Project Representative

A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and
limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph
9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent
OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority
and limitations thereof of such other individual or entity will be as provided in the supplementary Conditions.

9.04 Clarifications and Interpretations

A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with
the intent of and reasonably inferable from the Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract
Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made
therefore as provided in paragraph 10.05.

9.05 Authorized Variations in Work

A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract documents
which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the
design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These
may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall
perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of
a Field Order, a Claim may be made therefore as provided in paragraph 10.05.

9.06 Rejecting Defective Work

A ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the
Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

9.07 Shop Drawings, Change Orders and Payments

A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17.

B. In connection with ENGINEER's authority as to change orders, see Articles 10, 11, and 12.

C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.

GC - 36 of 57

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Finance Committee - Agenda - 6/7/2017 - P169

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