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1999-245
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1999-245
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Last modified
11/16/2023 3:30:34 PM
Creation date
11/16/2023 3:22:31 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
09/21/1999
Control Number
1999-245
Entity Name
Sheltra & Son Construction
Subject
Contract and Bid Award for Shooting Range Site Work
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Shop Drawings, Change Orders and Payments: <br />l 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see <br />paragraph .6.28 through 6.35 inclusive. <br />9.8 In connection with ENGINEER's responsibitifies as to Change Orders, see articles 10,11 <br />and 12. <br />9.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, <br />see article 14. <br />Vaterminations for Unit Prices: <br />9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work <br />parfor ced by CONTRACTOR, ENGINEER will review +Miff CONTRACTOR ENGINEER's <br />preliminary determinations on such matters before rendering a written decision thereon (by <br />recommendation of an Application for Payment or otherwise). ENGINEER's written <br />decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, <br />Within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR <br />delivers to the other party to the Agreement and to ENGINEER written notice of intention <br />to appeal from such a decision. <br />Decisions on Disputes: <br />9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents <br />and judge of the acceptability of the Work thereunder. Claims, disputes and other matters <br />relating to the acceptability of the Work or the interpretation of the requirements of tine <br />Contract Documents pertaining to the performance and furnishing of the Work and claims <br />under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will <br />be referred initially to ENGINEER in writing with a request for a formal decision in <br />accordance with this paragraph which ENGINEER will render in writing within a reasonable <br />time. Written notice of each such claim, dispute and other matters will be delivered by a <br />claimant to ENGINEER and the other party to the Agreement promptly (but in no event <br />later than thirty (30) days) after the occurrence of the event giving rise thereto, and written <br />supporting data will be submitted to ENGINEER and the other party within sixty (60) days <br />after such occurrence unless ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim. <br />9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER <br />will not show partiality to OWNER or CONTRACTOR and will not be liable in connection <br />with any interpretation or decision rendered in good faith in such capacity. The tendering <br />Cf Q +''GdMiL 1 by r_.NGI1VEER pus sualii U3 paragraphs i),"i0 and 9.i1 wan respect to any <br />surh claire, dispute or other matter (except any which have been waived by the making <br />or acceptance of final payment as provided in paragraph 14.16) will be a condition <br />precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as <br />either may otherwise have under the Contract Documents or by Laws or Regulations in <br />respect of any such claim, dispute or other matter. <br />Limitations on ENGINEER's Responsibilities: <br />9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract <br />Documents nor any decision made by ENGINEER i� i good faith either to exercise or not <br />exercise such authority shall give rise to any duty or responsibility of ENGINEER to <br />GENERAL coNDI,rioNs <br />GC - 23 <br />
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