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Van Fleet Water Production Facility Improvements BVP 13-196 <br /> requested by the Contractor, which shall be consistent with or reasonably inferable from the overall <br /> intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation <br /> entitles them to an increase in the Contract Price, Contract time, or both, the Contractor may make a <br /> claim as provided for in Article 11, 12 and 13. <br /> 10.4 Rejecting Defective Work <br /> 10.4.1 The Professional has the authority to disapprove or reject Work, which is defective. The <br /> Professional also has authority to require special inspection or testing of the Work at the Contractor's <br /> expense, as provided in Article 14, whether or not the Work is fabricated, installed or completed when <br /> the work has been declared defective. <br /> 10.5 Resident Engineer or Architect <br /> 10.5.1 The Professional may furnish a full or part-time Resident Engineer or Architect and other <br /> personnel to assist them in carrying out services at the site. The duties, responsibilities and limitations of <br /> authority of the Resident Engineer or Architect and other personnel are set forth in the Supplementary <br /> Conditions, if applicable. <br /> 10.6 Decisions on Disagreements <br /> 10.6.1 The Professional shall interpret the requirements of the Contract Documents and determine the <br /> acceptability of the Work. If the Contractor disagrees with the Professional's opinion, the Contractor <br /> shall refer claims, disputes and other matters relating to the acceptability of the Work or their <br /> interpretation of the requirements of the Contract Documents initially to the Professional in writing with <br /> a request for a formal decision. The Professional will render in writing their opinion concerning the <br /> Contractor's request for a formal decision and shall submit same to the Project Manager. After receipt of <br /> the Professional's written opinion and all information requested from the Contractor, the Project <br /> Manager shall render a formal decision in writing, which shall then be conveyed to the Contractor by the <br /> Professional. Written notice of each claim, dispute and other matter shall be delivered by the Contractor <br /> to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting <br /> data will be submitted to the Professional within fifteen (15) calendar days after the occurrence unless <br /> the Professional allows additional time. If the Contractor fails to strictly comply with these notices and <br /> submittal time periods, the Contractor shall be deemed to have waived their right to assert a claim the <br /> Contractor might otherwise have had concerning the matter. <br /> 10.7 Limitation on Professional's Responsibilities <br /> 10.7.1 Neither the Professional's authority to act under this Article or elsewhere in the Contract <br /> Documents, nor any decision made in good faith to exercise their authority, shall give rise to any duty or <br /> responsibility of the Professional to the Contractor, any subcontractor, any of their agents or employees. <br /> 10.7.1.1 The Professional shall not be responsible for the construction means, methods, <br /> techniques, sequences, procedures or the safety precautions and programs used. The Professional shall <br /> not be responsible for the Contractor's failure to perform the Work in accordance with the Contract <br /> Documents. <br /> 10.7.1.2 The Professional shall not be responsible for the acts or omissions of the <br /> Contractor, any subcontractors, any agents, employees or any other persons performing any of the Work. <br /> 76 <br /> 11a '1�a <br />