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2014-122A
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2014-122A
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Last modified
3/13/2017 2:28:12 PM
Creation date
1/10/2017 10:00:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Correspondence
Approved Date
09/09/2014
Control Number
2014-122A
Agenda Item Number
8.U.
Entity Name
Dickerson Florida Inc.
Subject
Contract and Specifications
13th St. SW at 58th Ave. Bridge
Area
13th St. SW
Project Number
0530B
Bid Number
2014046
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authority and limitations thereon of any such Resident <br />Project Representative and assistants will be as <br />provided in paragraph 9.10 and in the Supplementary <br />Conditions. If OWNER designates another represen- <br />tative or agent to represent OWNER at the Site who is <br />not ENGINEER's Consultant, agent or employee, the <br />responsibilities and authority and limitations thereon of <br />such other individual or entity will be as provided in the <br />Supplementary Conditions. <br />9.04 Clarifications and Interpretations <br />A. ENGINEER will issue with reasonable <br />promptness such written clarifications or interpreta- <br />tions of the requirements of the Contract Documents <br />as ENGINEER may determine necessary, which shall <br />be consistent with the intent of and reasonably <br />inferable from the Contract Documents. Such written <br />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 <br />the amount or extent, if any, of any adjustment in the <br />Contract Price or Contract Times, or both, that should <br />be allowed as a result of a written clarification or <br />interpretation, a Claim may be made therefor as <br />provided in paragraph 10.05. <br />9.05 Authorized Variations in Work <br />A. ENGINEER may authorize minor variations in <br />the Work from the requirements of the Contract <br />Documents which do not involve an adjustment in the <br />Contract Price or the Contract Times and are compati- <br />ble with the design concept of the completed Project <br />as a functioning whole as indicated by the Contract <br />Documents. These may be accomplished by a Field <br />Order and will be binding on OWNER and also on <br />CONTRACTOR, who shall perform the Work involved <br />promptly. If OWNER and CONTRACTOR are unable <br />to agree on entitlement to or on the amount or extent, <br />if any, of any adjustment in the Contract Price or <br />Contract Times, or both, as a result of a Field Order, <br />a Claim may be made therefor as provided in <br />paragraph 10.05. <br />9.06 Rejecting Defective Work <br />A. ENGINEER will have authority to disapprove <br />or reject Work which ENGINEER believes to be <br />defective, or that ENGINEER believes will not produce <br />a completed Project that conforms to the Contract <br />Documents or that will prejudice the integrity of the <br />design concept of the completed Project as a <br />functioning whole as indicated by the Contract <br />Documents. ENGINEER will also have authority to <br />require special inspection or testing of the Work as <br />provided in paragraph 13 04, whether or not the Work <br />is fabricated, installed, or completed. <br />9.07 Shop Drawings, Change Orders and <br />Payments <br />A. In connection with ENGINEER's authority as <br />to Shop Drawings and Samples, see paragraph 6.17. <br />B. In connection with ENGINEER's authority as <br />to Change Orders, see Articles 10, 11, and 12. <br />C. In connection with ENGINEER's authority as <br />to Applications for Payment, see Article 14. <br />9 08 Determinations for Unit Price Work <br />A. ENGINEER will determine the actual quanti- <br />ties and classifications of Unit Price Work performed <br />by CONTRACTOR. ENGINEER will review with <br />CONTRACTOR the ENGINEER's preliminary <br />determinations on such matters before rendering a <br />written decision thereon (by recommendation of an <br />Application for Payment or otherwise). ENGINEER's <br />written decision thereon will be final and binding <br />(except as modified by ENGINEER to reflect changed <br />factual conditions or more accurate data) upon <br />OWNER and CONTRACTOR, subject to the <br />provisions of paragraph 10.05. <br />9.09 Decisions on Requirements of Contract <br />Documents and Acceptability of Work <br />A. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents and judge of <br />the acceptability of the Work thereunder. Claims, <br />disputes and other matters relating to the acceptability <br />of the Work, the quantities and classifications of Unit <br />Price Work, the interpretation of the requirements of <br />the Contract Documents pertaining to the <br />performance of the Work, and Claims seeking <br />changes in the Contract Price or Contract Times will <br />be referred initially to ENGINEER in writing, in <br />accordance with the provisions of paragraph 10.05, <br />with a request for a formal decision. <br />B. When functioning as interpreter and judge <br />under this paragraph 9.09, ENGINEER will not show <br />partiality to OWNER or CONTRACTOR and will not <br />be liable in connection with any interpretation or <br />decision rendered in good faith in such capacity. The <br />rendering of a decision by ENGINEER pursuant to this <br />paragraph 9.09 with respect to any such Claim, <br />dispute, or other matter (except any which have been <br />waived by the making or acceptance of final payment <br />as provided in paragraph 14.07) will be a condition <br />precedent to any exercise by OWNER or <br />00700 - General Conditions REV 5-10-13.doc <br />00700 - 29 <br />F'\Public Works\ENGINEERING DIVISION PROJECTS \05308 13th Street SW at 58th Ave Bridge\Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />
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