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2006-265
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2006-265
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Last modified
8/24/2016 11:13:18 AM
Creation date
9/30/2015 9:53:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/18/2006
Control Number
2006-265
Agenda Item Number
11.I.1.
Entity Name
Timothy Rose Contracting
Subject
Roadway improvements to SR A1A and CR 510
Project Number
9701
Bid Number
2006079
Supplemental fields
SmeadsoftID
5753
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ENGINEER in providing more extensive observation of the as provided in paragraph 13 .04, whether or not the Work is <br /> Work. The responsibilities and authority and limitations fabricated, installed, or completed. <br /> thereon of any such Resident Project Representative and <br /> J assistants will be as provided in paragraph 9. 10 and in the 9.07 Shop Drawings, Change Orders and Payments <br /> Supplementary Conditions. If OWNER designates another <br /> representative or agent to represent OWNER at the Site A. In connection with ENGINEER's authority as to <br /> who is not ENGINEER's Consultant, agent or employee, Shop Drawings and Samples, see paragraph 6. 17. <br /> the responsibilities and authority and limitations thereon of <br /> such other individual or entity will be as provided in the B . In connection with ENGINEER's authority as to <br /> Supplementary Conditions. Change Orders, see Articles 10, 11 , and 12. <br /> 9.04 Clarifications and Interpretations C. In connection with ENGINEER's authority as to <br /> Applications for Payment, see Article 14. <br /> A. ENGINEER will issue with reasonable promptness <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 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 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 to <br /> tation, a Claim may be made therefor as provided in reflect changed factual conditions or more 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 Work, the <br /> accomplished by a Field Order and will be binding on quantities and classifications of Unit Price 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 , with a <br /> Claim may be made therefor as provided in paragraph request for a formal decision. <br /> 10.05 . <br /> Paragraph 9.09.13 has been deleted in its entirety. <br /> 9 .06 Rejecting Defective Work B . A"' n funetioning as '"`v"'"e'er and judo_ under <br /> this panigFaph 9.09, ENGINEER will net show partiali" <br /> A. ENGINEER will have authority to disapprove or Q)ALTsMR. BE C=QNTRAgT_QR And .. : ll Bet he '.'.c'c!e in <br /> reject Work which ENGINEER believes to be defective, or <br /> that ENGINEER believes will not produce a completed <br /> Project that conforms to the Contract Documents or that <br /> will prejudice the integrity of the design concept of the <br /> completed Project as a functioning whole as indicated .by have been d by `~e�''ng of aecertance of `nal <br /> the Contract Documents. ENGINEER will also have <br /> authority to require special inspection or testing of the Work pfesedent ... ..n, exercise by _ . . _ .__ _ _ _ _ _ _ _ _ _ _ <br /> f h fights a remedies as eithef rn ethef ise ha. e <br /> 00700 - 30 <br />
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