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1 <br />8.3 The CITY will furnish the data required of them under the Contract Documents promptly. <br />8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. <br />8.5 CITY shall provide sufficient survey staking for all Work. <br />8.6 The CITY shall have the right to take possession of and use any completed or partially completed portions of the <br />Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; <br />but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the <br />Contract Documents. <br />ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION <br />City's Representative: <br />9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and <br />responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction <br />are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of <br />the CITY and the CONSULTANT. <br />9.1.1 The CONSULTANT'S decision, in matters relating to aesthetics, shall be final, if within the terms of the <br />Contract Documents. <br />91.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters <br />in question between the CITY and the CONTRACTOR arising out of or relating to this Agreement or the breach <br />thereof, will be decided in a court of competent jurisdiction within the State of Florida. <br />Visits. to Site: <br />9.2 The CONSULTANT will provide periodic on site observations to observe the progress and quality of the executed <br />Work and to determine, if the Work is proceeding in accordance with the Contract Documents. Their efforts will be <br />directed toward providing assurance for the CITY that the completed Project will conform to the requirements of the <br />Contract Documents. On the basis of these on site - observations as an experienced and qualified design professional, they <br />will keep the CITY informed of the progress of the Work and will guard the CITY against defects and deficiencies in the <br />Work of CONTRACTORS. <br />Clarifications and Intemretations: <br />9.3 The CONSULTANT will issue with reasonable promptness such written clarifications or interpretations of the <br />Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent <br />with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a <br />written clarification and interpretation entitles them to an increase in the Contract Price or extension of Contract Time, <br />they may make a claim therefore as provided in Articles 11 and 12. <br />Measurement of Quantities: <br />9.4 All Work completed under the Contract will be measured by the CONSULTANT according to the United States <br />Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item <br />measured. <br />00710-16 <br />