Okaloosa County BOCC — March 4, 2014 — reading text

not involve an adjustment in the Contract Price or exhaustive or continuous inspections on the Site to check the Contract Times and are compatible with the design the quality or quantity of the Work. ENGINEER’s efforts concept of the completed Project as a functioning whole as will be directed toward providing for OWNER a greater indicated by the Contract Documents. These may be degree of confidence that the completed Work will conform accomplished by a Field Order and will be binding on generally to the Contract Documents. On the basis of such OWNER and also on CONTRACTOR, who shall perform visits and observations, ENGINEER will keep OWNER the Work involved promptly. If OWNER and CONTRAC- informed of the progress of the Work and will endeavor to TOR are unable to agree on entitlement to or on the amount guard OWNER against defective Work. or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a B. ENGINEER’s visits and observations are subject Claim may be made therefor as provided in paragraph to all the limitations on ENGINEER’s authority and 10.05. responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of 9.06 Rejecting Defective Work ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or A. ENGINEER will have authority to disapprove or have authority over or be responsible for reject Work which ENGINEER believes to be defective, or CONTRACTOR’s means, methods, techniques, sequences, that ENGINEER believes will not produce a completed or procedures of construction, or the safety precautions and Project that conforms to the Contract Documents or that programs incident thereto, or for any failure of will prejudice the integrity of the design concept of the CONTRACTOR to comply with Laws and Regulations completed Project as a functioning whole as indicated by applicable to the performance of the Work. the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the 9.03 Project Representative Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist 9.07 Shop Drawings, Change Orders and Payments ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations A. In connection with ENGINEER’s authority as to thereon of any such Resident Project Representative and Shop Drawings and Samples, see paragraph 6.17. assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another B. In connection with ENGINEER’s authority as to representative or agent to represent OWNER at the Site Change Orders, see Articles 10, 11, and 12. who is not ENGINEER’s Consultant, agent or employee, General Conditions Page 00700-28 Packet Pg. 211  C. In connection with ENGINEER’s authority as to CONTRACTOR, any Subcontractor, any Supplier, any Applications for Payment, see Article 14. other individual or entity, or to any surety for or employee or agent of any of them. 9.08 Determinations for Unit Price Work B. ENGINEER will not supervise, direct, control, or A. ENGINEER will determine the actual quantities have authority over or be responsible for and classifications of Unit Price Work performed by CONTRACTOR’s means, methods, techniques, sequences, CONTRACTOR. ENGINEER will review with CON- or procedures of construction, or the safety precautions and TRACTOR the ENGINEER’s preliminary determinations programs incident thereto, or for any failure of on such matters before rendering a written decision thereon CONTRACTOR to comply with Laws and Regulations (by recommendation of an Application for Payment or applicable to the performance of the Work. ENGINEER otherwise). ENGINEER’s written decision thereon will be will not be responsible for CONTRACTOR’s failure to final and binding (except as modified by ENGINEER to perform the Work in accordance with the Contract reflect changed factual conditions or more accurate data) Documents. upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any 9.09 Decisions on Requirements of Contract Supplier, or of any other individual or entity performing Documents and Acceptability of Work any of the Work. A. ENGINEER will be the initial interpreter of the D. ENGINEER’s review of the final Application for requirements of the Contract Documents and judge of the Payment and accompanying documentation and all mainte- acceptability of the Work there under. Claims, disputes and nance and operating instructions, schedules, guarantees, other matters relating to the acceptability of the Work, the Bonds, certificates of inspection, tests and approvals, and quantities and classifications of Unit Price Work, the other documentation required to be delivered by paragraph interpretation of the requirements of the Contract 14.07.A will only be to determine generally that their Documents pertaining to the performance of the Work, and content complies with the requirements of, and in the case Claims seeking changes in the Contract Price or Contract of certificates of inspections, tests, and approvals that the Times will be referred initially to ENGINEER in writing, in results certified indicate compliance with, the Contract accordance with the provisions of paragraph 10.05, with a Documents. request for a formal decision. E. The limitations upon authority and responsibility B. When functioning as interpreter and judge under set forth in this paragraph 9.10 shall also apply to this paragraph 9.09, ENGINEER will not show partiality to ENGINEER’s Consultants, Resident Project Repre- OWNER or CONTRACTOR and will not be liable in sentative, and assistants. connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ENGINEER pursuant to this paragraph 9.09 with respect to ______________________________________________ any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final 10.01 Authorized Changes in the Work payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or A. Without invalidating the Agreement and without CONTRACTOR of such rights or remedies as either may notice to any surety, OWNER may, at any time or from otherwise have under the Contract Documents or by Laws time to time, order additions, deletions, or revisions in the or Regulations in respect of any such Claim, dispute, or Work by a Written Amendment, a Change Order, or a other matter. Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with 9.10 Limitations on ENGINEER’s Authority and the Work involved which will be performed under the Responsibilities applicable conditions of the Contract Documents (except as otherwise specifically provided). A. Neither ENGINEER’s authority or responsibility under this Article 9 or under any other provision of the B. If OWNER and CONTRACTOR are unable to Contract Documents nor any decision made by agree on entitlement to, or on the amount or extent, if any, ENGINEER in good faith either to exercise or not exercise of an adjustment in the Contract Price or Contract Times, or such authority or responsibility or the undertaking, both, that should be allowed as a result of a Work Change exercise, or performance of any authority or responsibility Directive, a Claim may be made therefore as provided in by ENGINEER shall create, impose, or give rise to any paragraph 10.05. duty in contract, tort, or otherwise owed by ENGINEER to General Conditions Page 00700-29 Packet Pg. 212 10.02 Unauthorized Changes in the Work Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the A. CONTRACTOR shall not be entitled to an amount or extent of the Claim, dispute, or other matter with increase in the Contract Price or an extension of the supporting data shall be delivered to the ENGINEER and Contract Times with respect to any work performed that is the other party to the Contract within 60 days after the start not required by the Contract Documents as amended, of such event (unless ENGINEER allows additional time modified, or supplemented as provided in paragraph 3.04, for claimant to submit additional or more accurate data in except in the case of an emergency as provided in support of such Claim, dispute, or other matter). A Claim paragraph 6.16 or in the case of uncovering Work as for an adjustment in Contract Price shall be prepared in provided in paragraph 13.04.B. accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared 10.03 Execution of Change Orders in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written A. OWNER and CONTRACTOR shall execute statement that the adjustment claimed is the entire appropriate Change Orders recommended by ENGINEER adjustment to which the claimant believes it is entitled as a (or Written Amendments) covering: result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days 1. changes in the Work which are: (i) after receipt of the claimant’s last