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2006-417-2of2
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2006-417-2of2
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Last modified
9/1/2016 4:32:45 PM
Creation date
9/30/2015 10:24:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/12/2006
Control Number
2006-417
Agenda Item Number
11.I.1.
Entity Name
Kimley-Horn Associates, Inc.
Subject
Oslo Road (CR 606) Phase I, Road Widening
Project Number
9705C
Supplemental fields
SmeadsoftID
5987
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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 /> 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 /> talion, 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 Pace 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 n .Illy... f._..t:,,. ing as inte...._ete_ and judge ....A,.f <br /> this pa agFa .h n nn ENGINEERwill .rot , <br /> A. ENGINEER will have authority to disapprove or Glllwrcn OF CONTn AGTnn And v4 met he liable : <br /> reject Work which ENGINEER believes to be defective, or <br /> that ENGINEER believes will not produce a completed geed faith in eh eapaeity. The rendering of a decisi n h. <br /> Project that conforms to the Contract Documents or that ENGINEEpumtiafAR to this paragraph 9.09 mith respect to <br /> will prejudice the integrity of the design concept of the any such Clan-ii; a:^....t OF ath .r nianer (e. c I I . ..,h: h <br /> completed Project as a functioning whole as indicated by have been ...e:• ed by the .- .^i-:.,,. ,.r ecept nce of final <br /> the Contract Documents. ENGINEER will also have payment as provided in paFagraph 14 .07) ^ ill he a ^e^ai"eN <br /> authority to require special inspection or testing of the Work pFeeedent se by OWNER of GONTo A GTO <br /> of such rights o .._.,,dies ., either m otherwise h... <br /> 00700 - 30 <br />
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