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06-J Cox Field Water Main
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06-J Cox Field Water Main
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Last modified
9/12/2012 11:03:47 AM
Creation date
12/4/2001 10:38:47 PM
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AGENDA
Item Number
6-J
AGENDA - Type
RESOLUTION
Description
Award bid for replacement of 8" water main at Cox Field Airport
AGENDA - Date
12/10/2001
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Clarifications and Inlerprelalions: <br />9.4. ENGINEER will issue with reasonable p omptness <br />such written ciarifications or interpretations of t e require- <br />ments oC the Contract Documents (in the Corm oC Drawings <br />orothenvise)azEhGINEERmayde[ermineneces •,which <br />shall be consistent with or reasonably inferable from the <br />overallintrntoftheContractDocuments.IfCON RACTOR <br />believes that a writtrn clarification or interpretati n justifies <br />an increase in the Contract Price or an extens on of the <br />Contraet Time and the paRies are unable to ag ee to the <br />amount orextent thereof, CONTRACTOR may m kea claim <br />therefor as provided in Anicle I 1 or Article 12. <br />Au(harized Variations irs }York: <br />9.5. ENGINEER may authorize minor variat ns in the <br />Nork from the requirements of the Contract Docum nts which <br />do not involve an adjustment in the Contract P'ce or the <br />Contrac[ Time and are consisten[ with the overa I intent of <br />the Contracc Documents. These may be accompl shed by a <br />Field Order and will be binding on OWNER, a d also on <br />CONTRAC'fOR who shall perform [he Wor involved <br />prompUy. If CONTRACTOR believes that a F dd Order <br />justifies an increase in the Corttract Price or an e tension of <br />the Contract Time and the parties are unable to gree as to <br />the amount or extent thereof, CONTRACTOR m y make a <br />e(aim therefor as provided in Article 11 or 12. <br />R yectirsg Dejective {York: <br />9.6. ENGINEER will have authority to disa prove or <br />reject Work which ENGINEER believes io be def crive, and <br />willalsohaveauthoritytorequirespecialinspectio ortesting <br />of the Work as provided in paragraph 13.9, whet er or not <br />the Work is fabricated, installed or completed. <br />Shop Drawings, Change Orders arsd Papments: <br />9.7 In connection wi[h ENGINEER's resl <br />Shop Drawings and samples, see paragraphs <br />6.28 inclusive. <br />9.8. In connection with ENG[NEER's res <br />to Change Orders, see Articles 10, 11 and 12. <br />9.9. In tonnection with ENGINEER's res, <br />respec[ of Applications for Payment, etc., see <br />Determinatiorss jar Urtu Prices: <br />9.10. ENG[NEER will determine the actual <br />and classifications of Unit Price Work performa <br />TRACT'OR. ENGINEER will review with CON i <br />ENGINEER's preliminary determinations on su <br />before rendering a wricten decision thereon (by i <br />dation of an Application for Payment or otherwi! <br />NEER's wriuen decisions thereon will be fina( a <br />upon OWNER and CONTRAC'fOR, unless, with <br />after the date of any such decision, either 0 WNE <br />TRACTOR delivers to the other party [o lhe Agre <br />to ENGINEER written notice of intencion to appeal from <br />such a dccision. <br />Decisions on Dispules: <br />9.11. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents and judge of the <br />acceptability of the Work thereunder. Claims, disputes and <br />other ma[ters rela[ing to [he acceptability of the Work or the <br />interpretation of the requirements of the Contract Documrnts <br />pertaining to the perforrnance and furnishing of the Work and <br />claims under Articles I I and 12 in respect of changes in the <br />Contract Price or Contract Time will be rcferred initiaity to <br />ENGINEER in writing with a request for a formal decision <br />in accordance with this paragraph, which ENGINEER will <br />render in writing within a reasonable [ime. Written notice oF <br />each such claim, dispute and other matter will be de(ivered <br />by the claimant to ENGINEER and the other party to the <br />Agreement promp[Iy (but in no event later than thirty days) <br />after the occurrence of [he event giving rise thereto, and <br />written supporting data will be submitted to ENGINEER and <br />the other party within sixcy days aftcr such occurrence unless <br />ENGINEER allows an additional period of time to ascertain <br />more accurate data in suppoct of the claim. <br />9.12. When functioning as interpreter and judge under <br />paragraphs 9.10 and9.i1, ENGINEER will not show par- <br />tia(ity to OWNER or CONTRACTOR and will not be liable <br />in connection with any interpretation or decision rendered in <br />good faith in such capacity. The rendering oE a decision by <br />ENGINEER pursuant [o paregaphs 9.10 and 9.11 with respect <br />to any such claim, dispu[e or other matter (except any which <br />have been waived by Ihe making or acceptance of final pay- <br />ment as provided in paragraph 14.16) will be a condition <br />precedent [o any exercise by ONVNER or CONTRAC'COR <br />of such rights or remedies as either may othenvise have under <br />the Contract Documents or by Laws or Regulations in respect <br />of any such claim, dispute or other matter. <br />iiliry for <br />through <br />Limitalions ors ENGINEER's Responsibili[ies: <br />9.13. Neither ENGINEER's authority to act under this <br />itities as Anicle 9 or elsewhere in the Contnct Documents nor any <br />decision made byENGINEER in good faith either to exercise <br />or not exercise such authority shall give rise to any duty or <br />~ilities in responsibiliry of ENGINEER to CONTRACTOR, any Sub- <br />e14. contrac[or,anySupplier,oranyotherpersonororganization <br />performing any of the Work, or to any surety for any of them. <br />9.14. WheneverintheContractDocumentstheterms"as <br />auantities ordered" "as directed" "as required", "as allowed" "as <br />by CON- approved" or terms of like efiect or import are used, or the <br />2AC'IOR adjectives "reasonable", "suitabte", "accoptable". "Proper" <br />i matters or "satisCactory" or adjectives of like ellect or import are <br />commen- used to describe a requirement, direction, review orjudgment <br />ENGI- of ENGINEER as to the Work, i[ is intended that such <br />d binding requirement, direction, review or judgment will be solely to <br />i[en days evaluate [he Work for compliance wieh the Contrac[ Dxu- <br />orCON- ments (unless lhere is a specific statement indicating otherv <br />ment and wise). The use of any such term or adjective shatl not be <br />50 <br />
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