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2021-052B
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Last modified
5/6/2021 12:38:34 PM
Creation date
5/6/2021 12:26:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2021
Control Number
2021-052B
Agenda Item Number
12.G.2.
Entity Name
Halley Engineering Contractors, Inc.
Subject
Award of Bid No. 2021018 for Construction of 66th Ave Roadway Widening
Area
(49th St. to 69th Street),
Project Number
IRC-1505
Bid Number
2021018
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observations, ENGINEER, for the benefit of OWNER, <br />will determine, in general, if the Work is proceeding in <br />accordance with the Contract Documents. <br />ENGINEER will not be required to make exhaustive'or <br />continuous inspections on the Site to check the quality <br />or quantity of the Work. ENGINEER's efforts will be <br />directed toward providing for OWNER a greater <br />degree of confidence that the completed Work will <br />conform generally to the Contract Documents. On the <br />basis of such visits and observations, ENGINEER will <br />keep OWNER informed of the progress of the Work <br />and will endeavor to guard OWNER against defective <br />Work. <br />B. ENGINEER's visits and observations are <br />subject to all the limitations on ENGINEER's authority <br />and responsibility set forth in paragraph 9.10, and <br />particularly, but without limitation, during or as a result <br />of ENGINEER's visits or observations of <br />CONTRACTOR's Work ENGINEER will not supervise, <br />direct, control, or have authority over or be responsible <br />for CONTRACTOR's means, methods, techniques, <br />sequences, or procedures of construction, or the safety <br />precautions and programs incident thereto, or for any <br />failure of CONTRACTOR to comply with Laws and <br />Regulations applicable to the performance of the Work. <br />9.03 Project Representative <br />A. If OWNER and ENGINEER agree, ENGI- <br />NEER will furnish a Resident Project Representative to <br />assist ENGINEER in providing more extensive <br />observation of the Work. The responsibilities and <br />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 prompt- <br />ness such written clarifications or interpretations of the <br />requirements of the Contract Documents as ENGI- <br />NEER may determine necessary, which shall be <br />consistent with the intent of and reasonably inferable <br />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 compat- <br />ible with the design concept of the completed Project <br />as a functioning whole as indicated by the Contract <br />Documents. These may be aGGGMPIiShed by a Field <br />Qrdt;r And will he hindiA9 on OWNER RAGI R11130 <br />C-C-AITRAGTOR, who shall PeFfeicm the Work <br />to agree on entitle-mmant to or on the @11TIGUAt OF A-AR-FIt-, <br />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 CON- <br />TRACTOR the ENGINEER's preliminary determina- <br />tions on such matters before rendering a written deci- <br />sion thereon (by recommendation of an Application for <br />Payment or otherwise). ENGINEER's written decision <br />thereon will be final and binding (except as modified by <br />ENGINEER to reflect changed factual conditions or <br />more accurate data) upon OWNER and CONTRAC- <br />TOR, subject to the provisions of paragraph 10.05. <br />9.09 Decisions on Requirements of Contract <br />Documents and Acceptability of Work <br />General Conditions - 00700 - 23 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 69th St\1-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditions of the <br />Contract.docx <br />
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