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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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4.2.4. ENGINEER's RevFgw: ENGINEER will <br />promptly review thc pertinent conditions, determine thc <br />necessity of obtaining additional explorations or tesls with <br />respect thereto and advise OWN ER in writing (with a copy <br />to CONTRACTOR) of ENGINEER's findings and con- <br />clusions. <br /> <br /> 4.2.5. Possible Document Change: If ENGINEER <br />concludes that there is a material error in thc Contract <br />Documents or that because of newly discovered condi- <br />tions a change in the Contract Documents is required, a <br />Work Directive Change or a Change Order will be issued <br />as provided in Article I0 to reflect and document the <br />consequences of the inaccuracy or difference. <br /> <br /> 4.2.6. Possible Price a/rd Time Adjnstments: In each <br />such case, an increase or decrease in the Contract Price <br />or an extension or shortening of the Contract Time, or any <br />combination thereof, will be allowable to the extent that <br />they are attributable to any such inaccuracy or difference. <br />If OWNER and CONTP, ACTOR are unable to agree as to <br />the amount or length thereof, a claim may be made therefor <br />aa provided in Articles 11 and 12. <br /> <br />Physical Conditions--Underground Facilities: <br /> 4.3.1. Shown or Indicated: The information and data <br /> shown or indicated in the Contract Documents with respect <br /> to existing Underground Facilities at or contiguous to the <br /> site is based on information and data furnished to OWNER <br /> or ENGINEER by the owners of such Underground Facil- <br /> ities or by others. Unless it is otherwise expressly pro- <br /> vided in the Supplementary Conditions: <br /> <br /> 4.3.1.1. OWNER and ENGINEER shall not be <br /> responsible for the accuracy or completeness of any <br /> such information or data; and, <br /> <br /> 4.3.1.2. CONTRACTOR shall have full responsi- <br /> bility for reviewing and checking all such information <br /> and data, for locating all Underground Facilities shown <br /> or indicated in the Contract Documents, for coordina- <br /> tion of the Work with the owners of such Underground <br /> Facilities during construction, for the safety and pro- <br /> tection thereof aa provided in paragraph 6.20 and <br /> repairing any damage thereto resulting from the Work, <br /> the cost of all of which will be considered as having <br /> been included in the Contract Price. <br /> <br /> 4.3.2. Not Shown or Indicated. If an Underground <br /> Facility is uncovered or revealed at or contiguous to the <br /> site which was not shown or indicated in the Contract <br /> Documents and which CONTRACTOR could not reason- <br /> ably have been expected to be aware of, CONTRACTOR <br /> shall, promptly after becoming aware thereof and before <br /> performlng any Work affected thereby (except in aa emer- <br /> gency as permitted by paragraph 6.22), identify the owner <br /> of such Underground Facility and give written notice thereof <br /> to that owner and to OWNER and ENGINEER. ENGI- <br /> NEER will promptly review the Underground Facility to <br /> <br />determine the cxtcnt to which the Contract Documents <br />should be modified to reflect and docum_e_n.t the conse- <br />quences of the existence of the Underground Facility, and <br />the Cont fact Documents will be amended or supplemented <br />to the extent necessary. During such time, CONTRAC- <br />TOR shall be responsible for the safety and protection of <br />such Underground Facility as provided in paragraph 6.20. <br />CONTRACTOR shall be allowed an increase in the Con- <br />tract Price or an extension of the Contract Time, or both, <br />to the extent that they are attributable to the existence of <br />any Underground Facility that was not shown or indicated <br />in the Contract Documents and which CONTRACTOR <br />could not reasonably have been expected to be aware of. <br />If the parties are unable to agree as to the amount or length <br />thereof, CONTRACTOR may make a claim therefor as <br />provided in Articles 1 l.and 12. <br /> <br />Reference Points: <br /> 4.4. OWNER shall provide engineering surveys to estab- <br />lish reference points for constrnction which in ENGINEER's <br />judgment are necessary to enable CONTRACTOR to proceed <br />with the Work. CONTRACTOR shall be responsible for lay- <br />ing out the Work (unless otherwise specified in the General <br />Requirements), shall protect and preserve the established <br />reference points and shall make no changes or relocations <br />without the prior written approval of OWNER. CONTRAC- <br />TOR shall report to ENGINEER whenever any reference <br />point is lost or destroyed or requires relocation because of <br />necessary changes in grades or locations, and shall be respon- <br />sible for the accurate replacement or relocation of such ref- <br />erence points by professionally qualified personnel. <br /> <br />ARTICLE .5--BONDS AND INSURANCE <br /> <br />Performance and Other Bonds: <br /> 5.1. CONTRACTOR shall furnish performance and pay- <br />ment Bonds, each in an amount at least equal to the Contract <br />Price as security for the faithful performance and payment of <br />all CONTRACTOR's obligations under the Contract Docu- <br />ments. These Bonds shall remain in effect at least until one <br />year after the date when final payment becomes due, except <br />as otherwise provided by Law or Regulation or ~py the Con- <br />tract Documents. CONTRACTOR shall also furnlsh such <br />other Bonds as are required by the Supplementary Condi-' <br />lions. All Bonds shall be in the forms prescribed by Law or <br />Regulation or by the Contract Documents and be executed <br />by such sureties as are named in the current list of "Com- <br />panies Holding Certificates of Authority as Acceptable Sure- <br />ties on Federal Bonds and as Acceptable Reinsuring Com- <br />panies'' as published in Circular 570 (amended) by the Audit <br />Staff Bureau of Accounts, U.S. Treasury Department. All <br />Bonds signed by an agent must be accompanied by a certified <br />copy of the authority to act. <br /> <br /> 5.2. if the surnty on any Bond furnlshed bY CONTRAC' <br /> TOR is declared a bankrupt or becomes insolvent or:its right <br /> to do business is terminated in any state where any part of <br /> <br />39 <br /> <br /> <br />
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