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ITB 21-08-01 Utility Undergrounding Golden Shores (final)
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ITB 21-08-01 Utility Undergrounding Golden Shores (final)
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Last modified
9/1/2021 10:14:46 AM
Creation date
9/1/2021 10:11:02 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Utility Undergrounding Conversion for Golden Shores
Bid No. (xx-xx-xx)
21-08-01
Project Type (Bid, RFP, RFQ)
Bid
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<br />00700 - 20/38 <br />by the Contract Documents. The ENGINEER's review will not extend to means, <br />methods, techniques, sequences or procedures of construction or to safety <br />precautions or programs incident thereto. <br /> <br />B. In connection with the ENGINEER's responsibilities as to Change Orders, see <br />Articles 10, 11, and 12. <br /> <br />C. In connection with the ENGINEER's responsibilities in respect of Applications for <br />Payment, see Article 14. <br /> <br />9.8 DECISIONS ON DISPUTES <br /> <br />A. The ENGINEER will be the initial interpreter of the requirements of the Contract <br />Documents and judge of the acceptability of the Work thereunder. Claims, <br />disputes, and other matters relating to the acceptability of the Work; the <br />interpretation of the requirements of the Contract Documents pertaining to the <br />performance of the Work; and those claims under Articles 11 and 12 in respect to <br />changes in the Contract Price or Contract Time will be referred initially to the <br />ENGINEER in writing with a request for formal decision in accordance with this <br />Paragraph, which the ENGINEER will render in writing within thirty (30) days of <br />receipt of the request. Written notice of each such claim, dispute, and other <br />matter will be delivered by the CONTRACTOR to the ENGINEER promptly (but <br />in no event later than thirty (30) days) after the occurrence of the event giving <br />rise thereto. Written supporting data will be submitted to the ENGINEER within <br />sixty (60) days after such occurrence unless the ENGINEER allows an additional <br />period of time to ascertain more accurate data in support of the claim. <br /> <br />B. When functioning as arbiter and judge, the ENGINEER will not show partiality to <br />the OWNER or the CONTRACTOR and will not be liable in connection with any <br />interpretation or decision rendered in good faith in such capacity. The rendering <br />of a decision by the ENGINEER with respect to any such claim, dispute, or other <br />matter (except any which have been waived by the making or acceptance of final <br />payment as provided in Paragraph 14.12) will be a condition precedent to any <br />exercise by the OWNER or the CONTRACTOR of such rights or remedies as <br />either may otherwise have under the Contract Documents or by Law or <br />Regulations in respect of any such claim, dispute, or other matter. <br /> <br />9.9 LIMITATION ON ENGINEER'S RESPONSIBILITIES <br /> <br />A. Neither the ENGINEER's authority to act under this Article 9 or other provisions <br />of the Contract Documents nor any decision made by the ENGINEER in good <br />faith either to exercise or not exercise such authority shall give rise to any duty or <br />responsibility of the ENGINEER to the CONTRACTOR, any Subcontractor, any <br />Supplier, any surety for any of them, or any other person or organization <br />performing any of the Work. <br /> <br />B. Whenever in the Contract Documents the terms "as ordered," "as directed," "as <br />required," "as allowed," "as reviewed," "as approved," or terms of like effect or <br />import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," <br />or "satisfactory" or adjectives of like effect or import are used to describe a <br />requirement, direction, review, or judgment of the ENGINEER as to the Work, it <br />is intended that such requirement, direction, review, or judgment will be solely to
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