Reso 2011-1818 - Laserfiche WebLink

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~=~ Kimley-Horn and Associates, Inc. Mr. Giovanni Batista, RK Village Plaza, December 12,2011 Page 5 3. Recommendations with Respect to Defective Work. Recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, KHA believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 4. Clarifications and Interpretations. Issue necessary clarifications and interpretations of the Contract Documents to Client as reasonably requested. Such clarifications and interpretations wiII be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents wiII be made by Client. Scope of work includes a maximum of 5 clarifications and interpretations not due to the ambiguity of the plans, 5. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to accuracy or completeness of details or construction means or methods. KHA is not responsible for any deviations from the Contract Documents not brought to KHA's attention in writing by the Contractor (Site/CiviI/Landscape/Irrigation submittals only). 6. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 7, Inspections and Tests. Require such special inspections or tests of Contractor's work as KHA deems appropriate, and receive and review certificates of inspections within KHA's area of responsibility or of tests and approvals required by laws and regulations or the contract documents, KHA's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the contract documents. KHA shaIl be entitled to rely on the results of such tests and the facts being certified. 8, Disagreements between Client and Contractor. As necessary, render written decision on claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such opinions, KHA shaIl be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 9. Limitation of Responsibilities, KHA shaIl not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing thc Work. KHA shaIl not have the authority or responsibility to stop the work of any Contractor. 10. Substantial Completion, Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantiaIly complete, Work wiII be considered substantially complete foIlowing satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, KHA considers the work substantially complete; KHA shall notify Client and Contractor. 11. Final Notice of Acceptability of the Work, Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that KHA may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, KHA shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of KHA's knowledge, information, and belief .r~\ , .....~ ~~~.. ,~ Li