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2003-118A.1
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2003-118A.1
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Last modified
10/13/2016 4:51:24 PM
Creation date
9/30/2015 6:31:31 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
05/20/2003
Control Number
2003-118A.1
Agenda Item Number
7.F.
Entity Name
East Gifford Stormwater Improvements
Subject
Volume 1 Bidding Documents, contract forms, and conditions of contract
Project Number
9219
Bid Number
5063
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3251
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' 9 . 04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to <br /> ' A. ENGINEER will issue with reasonable promptness Applications for Payment, see Article 14. <br /> such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work <br /> ments of the Contract Documents as ENGINEER may <br /> determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities <br /> ' intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed <br /> by <br /> ments. Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- <br /> be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER's preliminary determinations <br /> and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon <br /> or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment <br /> or <br /> Contract Price or Contract Times, or both, that should be otherwise). ENGINEER's written decision thereon will be <br /> allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER <br /> to <br /> ' tation, a Claim may be made therefor as provided in reflect changed factual conditions or more <br /> accurate data) <br /> paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the <br /> provisions of paragraph 10.05 . <br /> ' 9 . 05 Authorized Variations in Work <br /> 9 . 09 Decisions on Requirements of Contract <br /> A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work <br /> Work from the requirements of the Contract Documents <br /> ' which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the <br /> the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the <br /> concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and <br /> ' indicated by the Contract Documents . These may be other matters relating to the acceptability of the <br /> Work, the <br /> accomplished by a Field Order and will be binding on quantities and classifications of Unit Price <br /> Work, the <br /> OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract <br /> the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and <br /> ' TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract <br /> or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in <br /> Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 <br />, with a <br /> ' Claim may be made therefor as provided in paragraph request for a formal decision. <br /> 10. 05 . <br /> Paragraph 9.09.B has been deleted in its entirety. <br /> ' 9 . 06 Rejecting Defective Work B . When fimfie 'n ^ as rote-ffete- and judge under <br /> this paragraph r <br /> A. ENGINEER will have authority to disapprove or (Az1 R e=jONq:RAG 0R and • 411 not be liable in <br /> reject Work which ENGINEER believes to be defective, or eenneefiefl YAa.w any interpretation or- deeision Fendefed <br /> ' that ENGINEER believes will not produce a completed geed #aith-in sueh eapaeky. The render;ag of a deeZsieff-by <br /> Project that conforms to the Contract Documents or that ENGINEER pursuant to this pamgmph 9 . 09 m4th r-especA to. <br /> will prejudice the integrity of the design concept of the "I sueh Clai % disp 4e - -- �ether- # <br /> � r t y which <br /> completed Project as a functioning whole as indicated by heAre been waived by +w^ ---���� ^ «Ρr fin � <br /> the Contract Documents . ENGINEER will also have payin nt aa °a 1 n7) 11 be di <br /> Y � t•"•^ " paragraph x� v r7-=i.=rarvca�vricxrcxvxi <br /> authority to require special inspection or testing of the Work nree •dent •^ any ercereise by 03AZ MR rni rrn n CTO <br /> as provided in paragraph 13 .04, whether or not the Work is of sueh right e- edies as either- nmy ^thel - -- <br />- ha <br /> fabricated, installed, or completed. under- the GentFaet Doeuments or- by Laws er- Regulatiens 41 <br /> 9 . 07 Shop Drawings, Change Orders and Payments <br /> ' 9 . 10 Limitations on ENGINEER 's Authority and <br /> A. In connection with ENGINEER's authority as to Responsibilities <br /> Shop Drawings and Samples, see paragraph 6. 17. <br /> A. Neither ENGINEER' s authority or responsibility <br /> ' B . In connection with ENGINEER's authority as to under this Article 9 or under any other provision of <br /> the <br /> Change Orders, see Articles 10, 11 , and 12. Contract Documents nor any decision made by ENGINEER <br /> in good faith either to exercise or not exercise such <br /> ' authority or responsibility or the undertaking, exercise, or <br /> ' 00700 - 30 <br />
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