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2000-046
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2000-046
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Last modified
2/13/2024 11:05:00 AM
Creation date
2/13/2024 10:53:22 AM
Metadata
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Template:
Official Documents
Official Document Type
Change Order
Approved Date
02/15/2000
Control Number
2000-046
Agenda Item Number
11.G.1.
Entity Name
William Glover, Inc.
Subject
Change Order for Wabasso Causeway Park Improvements
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4D <br />i <br />C3 <br />Shop Drawings, Change Orders and Payments <br />► 9.7 in connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraph 6.28 <br />through 6.35 inclusive. <br />I 9.8 In connection with ENGINEER's responsibilities as to Change Orders, see articles 10.11 and 12. <br />9.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, see <br />" article 14. <br />Determinations for Unit Prices: <br />f 9.10 <br />ENGINEER will determine the actual quantities and classifications of Unit Price Work performed <br />l <br />by CONTRACTOR, ENGINEER will review with CONTRACTOR ENGINEER's preliminary <br />determinations on such matters before rendering a written decision thereon (by recommendation of <br />an Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and <br />binding upon OWNER and CONTRACTOR, unless, within ten (10) days after the date of any such <br />decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to <br />I <br />ENGINEER written notice of intention to appeal from such a decision. <br />9 <br />Decisions on Disputes: <br />d <br />9.11 <br />ENGINEER will be the initial interpreter of the requirements of the Contract documents and judge <br />of the acceptability of the Work thereunder. Claims, disputes and other matters relating; to the <br />" <br />acceptability of the Work or the interpretation of the requirements of the Contract documents <br />pertaining to the performance and furnishing of the Work and claims under Articles 1 I and 12 in <br />" <br />respect of changes in the Contract Price or Contract Tune will be referred initially to ENGINEER <br />in writing with a request for a formal decision in accordance with this paragraph which ENGINEER <br />will render in writing within a reasonable tire. Written notice of each such claim, dispute and other <br />matters will be delivered by a claimant to ENGINEER and the other party to the Agreement <br />promptly (butin no event later than thirty (30) days) alter the occurrence of the event giving rise <br />" <br />thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty <br />b <br />(60) days after such occurrence unless ENGINEER allows an additional period o£time to ascertain <br />more accurate data in support of the claim. <br />I <br />" 9.12 <br />When functioning as interpreter and judge under paragraphs 9.10 and 9.l 1, ENGINEER will not <br />show partiality to OWNER or CONTRACTOR and will not be liable in connection with any <br />o <br />interpretation or decision rendered in gond faith in such capacity. The rendering of a decision by <br />t <br />EN6INL"ER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other <br />matter (except any which have been waived by the making or acceptance of final payment as <br />provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or <br />CONTRACTOR of such rights or remedies as either may otherwise have under the Contract <br />I <br />Documents or by Laws or Regulations in respect or any such claim, dispute or other matter. <br />` Limitations on ENGINE M's Respunsilrilltfcs: <br />9.13 <br />Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract. Documents <br />Cnor <br />any decision made by ENGINEER in good faith either to exercise or not exercise such authority <br />` <br />shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR any Subcontractor, <br />any Supplier, or any other person or organization performing any of the Work. or tel any surVty for <br />i. <br />any of them. <br />9.14 <br />Whenever in the Contract Doculncnts the tcnns "as ordered", „its directed" "as required", "as <br />allowed". "as approved" nr tell]rS Of like effect or import are used or the adjectives "reasonable". <br />tiFN1:RA1, CON 01'1'InNS <br />V <br />0C - 21 <br />11. <br />
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