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08-L HMAC Street Overlay Award
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July 09, 2001
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08-L HMAC Street Overlay Award
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Last modified
11/8/2005 11:23:21 AM
Creation date
7/6/2001 5:12:57 PM
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AGENDA
Item Number
8-L
AGENDA - Type
RESOLUTION
Description
HMAC Street Overlay - Award Bid
AGENDA - Date
7/9/2001
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allowances. No demand for additional payment on account <br />of any thereof will be valid. <br /> <br />Prior to final payment, an appropriate Change Order wifl be <br />issued as recommended by ENGINEER to reflect actual <br />amounts due CONTRACTOR on account of Work covered <br />by allowances, and the Contract Price shall be correspond- <br />ingly adjusted. <br /> <br />Uni~ Pdce Work: <br /> 11.9.1. Where the Contract Documents provide that <br /> all or par~ of the Work is to be Unit Price Work, initially <br /> the Contract Price will be deemed to include for all Unit <br /> PHne Work an amount equal to the sum of the established <br /> unit prices for each separately identified item of Unit Price <br /> Work times the estimated quantity of each item as indi- <br /> cated in the Agreement. The estimated quantities of items <br /> of Unit Palco Work arc not guaranteed and are solely for <br /> the purpose of comparison of Bids and determining an <br /> initial Contract Price. Determinations of the actual quan- <br /> tities and classifications of Unit Price Work performed by ' ' <br /> CONTRACTOR will be made by ENGINEER in accor- <br /> dance with Paragraph <br /> <br /> 11.9.2. Each unit price will be deemed to include an <br /> amount considered by CONTRAC'FOR to be adequate to <br /> cover CONTR. ACTOR's overhead and profit for each sep- <br /> arately identified item. <br /> <br /> * I 1.9.3. Where the quantity of any item of Unit Price <br /> Work performed by CONTRACTOR differs materially <br /> and significantly from the estimated quantity of such item <br /> indicated in the Agreement and there is no corresponding <br /> adjustment with respect to any other item of Work and if <br /> CONTRACTOR believes that CONTRACTOR has <br /> incurred additional expense a$a result thereof, CON- <br /> TRACTOR may make a claim for an increase in the Con- <br /> tract Price in accordance with Article I 1 if the parties are <br /> unable to agree as to the amount of any such increase. <br /> <br />ARTICLE 12---CHANGE OF CONTRACT TIME <br /> <br /> 12.1. The Conti~ct Time may only be changed by a Change <br />Order or a Written Amendment, Any claim for an extension <br />or shortening of the Contract Time shall be based on written <br />notice delivered by the party making the claim to thc other <br />party and to ENGINEER promptly (but in no event later than <br />thirty days) after the occurrence of the event giving rise to <br />the claim and stating the general nature of the claim. Notice <br />of the extent of the claim with supporting data shall be deliv- <br />ered within sixty days after such occurrence (unless ENGI- <br />NEER allows an additional period of time to ascertain more <br />accurate data in support of the claim) and shall be accom- <br />panied by the claimant's written statement that the adjust- <br />ment claimed is the entire adjustment to which the claimant <br />has reason to believe it is entitled as a result of the occurrence <br />of said event. All claims for adjustment in the Contract Time <br /> <br />shall be determined by ENGINEER in accordance with para- <br />graph 9-11 if OWN ER and CONTRACTOR cannot otherwise <br />agree. No clair~ for an adjustmem in the Contract Time will <br />be valid if not submitted in accordance with the requirements <br />of this paragraph 12.1. <br /> <br /> 12.2. The Contract Time will be extended in an amount <br /> equal to time lost due to delays beyond the control o{' CON- <br /> TRACTOR if a claim is made therefor as provided in para- <br /> graph 12.1. Such delays shall include, but not be limited to, <br /> acts or neglect by OWNER or others petrol"ming additional <br /> work as contemplated by Artinle 7, or to fires, floods, labor <br /> disputes, epidemics, abnormal weather conditions or acts of <br /> God. <br /> <br /> I'L3. All time limits stated in the Contract Documents <br />are of the essence of the Agreement. The provisions of this <br />Article 12 shall not exclude recovery for damages (including <br />but not limited to fees and ch_al'gas of engineers, architects, <br />· attorneys and other professionals and court and arbitration <br />costs) for delay by either party. <br /> <br />ARTICLE 13--WARRANTY AND GUARANTEE; <br /> TESTS AND INSPECTIONS; <br /> CORRECTION, REMOVAL OR <br /> ACCEPTANCE OF DEFECTIVE WORK <br /> <br />Warrant~ and Guarantee: <br /> 13.1. CONTRACTOR warrants and guarantees 'to <br />OWNER and ENGINEER that all Work will be in accor- <br />dance with the Contract Documents and will not be defective. <br />Prompt notice of ail defects shall be given to CONTRAC- <br />TOR. All defective Work, whether or not in place, may be <br />rejected, corrected or accoptcd as provided in this Article 13. <br /> <br />Access to Work: <br /> 13.2. ENGINEER and ENGINEER's representatives, <br />other representatives of OWNER, testing agencies and gov- <br />ernmental agencies withjurisdictlonal interests will have access <br />to the Work at reasonable times for their observation, in}petting <br />and testing. CONTRACTOR shall provide proper and safe. <br />conditions for such access. <br /> <br />Test~ and lmpectinns: <br /> 13.3. CONTRACTOR shall give ENGINEER timely notice <br />of readiness of thc Work for all required inspections, tests or <br />approvals. <br /> <br /> 13.4. If Laws or Regulations of an}' public body having <br />jurisdiction require any Work (or part thereof} to specifically <br />be inspected, tested or approved, CONTRACTOR shall <br />assume full responsibility therefor, pay all costs in connection <br />therewith and furnish ENGINEER the required certificates <br />of inspection, testing or approval. CONTRACTOR shall also <br /> <br />*See Supplementary Conditiona <br /> <br /> <br />
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