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07-A Gateway Repair Project
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November 12, 2001
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07-A Gateway Repair Project
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Last modified
11/8/2005 11:20:39 AM
Creation date
11/7/2001 11:34:49 PM
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Template:
AGENDA
Item Number
7-A
AGENDA - Type
RESOLUTION
Description
Gateway Repair Project - Award Bid
AGENDA - Date
11/12/2001
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from ENGINEER; however, CONTRACTOR shall not be <br />liable to OWNER or ENGINEER for failure to report any <br />conflict, error or discrepancy in thc Contract Documents <br />unless CONTKACTOR had actual knowledge thcrcofor should <br />reasonably have known thereof. <br /> <br />Amending and Supplementing Contract Docutnents: <br /> 3.4. The Contract Documents may be amended to pro- <br />vide for additions, deletions and revisions in thc Work or to <br />modify the terms and conditions thereof in one or more of <br />the following ways: <br /> <br />such othcr lands which arc dcsignatcd for thc usc Of CON- <br />TRACTOR. Easements for permanent structures or perma- <br />nent changcs in existing facilities will bc obtained and paid <br />for by OWNER, unless other.vise provided in thc Contract <br />Documents. If CONTRACTOR believes that any delay in <br />OWNER's furnishing these lands, rights-of-way or ease. <br />mcnts entitles CONTRACTOR to an extension of the Con- <br />tract Time, CONTRACTOR may make a claim therefor as <br />provided in Article 12. CONTRACTOR shall provide for all <br />additional lands and access thereto that may be required for <br />temporary construction facilities or storage of materials and <br />equipment. <br /> <br /> 3.4.1. a formal Written Amendment, <br /> <br /> 3.4.2. a Change Order (pursuant to paragraph 10.4). <br /> or <br /> <br /> 3.4.3. a Work Directivo Change (pursuant to para- <br /> graph I0.1). <br /> <br />As indicated in paragraphs 11.2 and 12. I, Contract Price and <br />Contract Time may only be changed by a Change Order or a <br />Written Amendment. <br /> <br /> 3.5. In additlon, the requirements of the Contract Docs' <br /> meats may be supplemented, and minor variations and devia- <br /> tions in the Work may be authorized, in one or more of the <br /> following ways: <br /> <br /> 3.5.1. a Field Order (pursuant to paragraph 9.5), <br /> <br /> 3.~.2. ENGINEER's approval of a Shop Drawing or <br /> sample (pursuant to paragraphs 6.26 and 6.27}, or <br /> <br /> 3.5.3. ENGL,NEER's written interpretation or clarifi- <br /> cation (pursuant to paragraph 9.4). <br /> <br />Reuse of Documents: <br /> 3.6. lqekher'CONTRACTOR nor any Subcontractor or <br />Supplier or other person or organization performing or fur- <br />nishing any of the Work under a direct or indirect contract <br />with OWNER shall have or acquire any title to or ownership <br />rights in any of thc Drawings, Specifications or other docu- <br />ments (or copies of any theroo0 prepared by or bearing the <br />seal of ENGINEER; and they shall not reuse any of them on <br />extensions of the Project or any other project without written <br />consent of OWNER and ENGINEER and specific written <br />verification or adaptation by ENGINEER. <br /> <br />ARTICLE ,i--.AVAILABILITY OF LANDS; PHYSICAL <br /> CONDITIONS; REFERENCE POINTS <br /> <br />A va3Jab~it~ of LaMs: <br /> 4.1. OWNER shall fumlsh, as indlcatnd in the Contract <br />Documents, thc lands upon which the Work is to be per- <br />formed, rights-of-way and casements for access thereto, and <br /> <br />Physical Conditions: <br /> t: 4.2.1. Explorations and Reports: Reference is made <br /> to the SupplementarY' Conditions for identification of those <br /> reports of explorations and tests of subsurface conditions <br /> at the site that have been utilized by .ENGINEER in prep- <br /> aratlon of the Contract Documents. CONTRACTOR may <br /> rely upon the accuracy of the technical data contained <br /> such reports, but not upon nontechnical data, interpreta- <br /> tions or opinions contained therein or for the completeness <br /> thereof for CONTRACTOR's purposes. Except as indi- <br /> cated in the immediately preceding sentence and in para- <br /> graph 4.2.6, CONTRACTOR shall have full responsibility <br /> with respect to subsurface conditions at the site. <br /> 4.2.2. Exlstin'g gtructttres: Reference is made to the <br /> Supplementary Conditions for identification of those <br /> drawings of physical conditions in or relating to existing <br /> surface and subsurface structures (except Underground <br /> Facilities referred to in paragraph 4.3) which are at or <br /> contiguous to the site that have been utilized by <br /> NEER in preparation of the Contract Documents. CON- <br /> TRACTOR may rely upon the accuracy of the technical <br /> data contained in such drawings, but not for the complete- <br /> ness thereof for CONTRACTOR's purposes. Except as <br /> indicated in the immediately preceding sentence and in <br /> paragraph 4.2.6~ CONTRACTOR shall have full respon- <br /> sibility with respect to physical conditions in or relating <br /> to such structures. <br /> <br /> 4.2.3. Report of D~ferlng Conditions: lf CONTRAC' <br /> TOR believes that: <br /> <br /> 4.2.3.1. any technical data on whic~ CONTRA,C- <br /> TOR is entitled to rely as provided in paragraphs 4.2.1 <br /> and 4.2.2 is inaccurate, or <br /> <br /> 4.2.3.2. any physical condition uncovered or <br /> revealed at the site differs materially from that indi- <br /> cated, refiectnd or referred to in the Contract Docu- <br /> <br /> CONTRACTOR shall, promptly after becoming aware <br /> thereof and before performing any Work in connection <br /> therewith (except in an emergenoy as permitted by para- <br /> graph 6.22), not fy OWNER and ENGINEER in writing <br /> about the inaccuracy or difference. <br /> <br />*See Supplementary Conditions '38 <br /> <br /> <br />
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