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2004-018B
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2004-018B
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Last modified
8/18/2016 1:57:48 PM
Creation date
9/30/2015 7:16:51 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/20/2004
Control Number
2004-018B
Agenda Item Number
11.I.2
Entity Name
Applied Technology & Management
Subject
Contract Specifications
Mitigation Reef Design
Area
Ambersand Beach Sectors 1 & 2
Bid Number
6031
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3595
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Authorized Variations in Work: <br /> 9 . 5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents <br /> which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the <br /> overall intent of the Contract Documents . These may be accomplished by a Field Order and will be <br /> binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. <br /> However, if CONTRACTOR claims entitlement to additional time or money as a result of such minor <br /> variations in the Work, such entitlement is conditioned upon obtaining a Change Order authorized and <br /> executed by OWNER after making a Claim as provided in Articles 11 or 12 . <br /> Rejecting Defective Work: <br /> 9 . 6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, <br /> and will also have authority to require special inspection or testing of the Work as provided in paragraph <br /> 13 . 8 , whether or not the Work is fabricated, installed or completed. <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 /> 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 article 14 . <br /> Determinations for Unit Prices : <br /> 9 . 10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by <br /> CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER' s preliminary <br /> determinations on such matters before rendering a written decision thereon (by recommendation of an <br /> Application for Payment or otherwise). ENGINEER' s written decisions thereon will be final and binding <br /> (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon <br /> CONTRACTOR, subject to OWNER approval. <br /> Decisions on Disputes : <br /> 9 . 11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the <br /> acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the <br /> Work or the interpretation of the requirements of the Contract Documents pertaining to the performance <br /> and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price <br /> or Contract Time will 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 time . Except <br /> as specifically provided in the Contract Documents, written notice of each such claim, dispute and other <br /> matters will be delivered by a claimant to ENGINEER and OWNER promptly, but in no event later than <br /> thirty (30) days) after the occurrence of the event giving rise thereto, and written supporting data will be <br /> submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless <br /> ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. <br /> Limitations on ENGINEER ' s Responsibilities : <br /> 9 . 13 Neither ENGINEER ' s authority to act under this Article 9 or elsewhere in the Contract Documents nor any <br /> decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise <br /> to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any <br /> other person or organization performing any of the Work, or to any surety for any of them. <br /> GENERAL CONDITIONS GC17 <br />
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