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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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AGENDA
Item Number
7-A
AGENDA - Type
RESOLUTION
Description
Gateway Repair Project - Award Bid
AGENDA - Date
11/12/2001
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cach Shop Drawing submiucd to ENGINEER £or review <br />and approval of each such variadon.: <br /> <br /> 6.26. ENGINEER will review and approve with reason- <br />able promptness Shop Drawings and samples, but ENGI- <br />NEER's review and approval will be only for conformance <br />with the design concept of the Project and for compliance <br />with the information given in the Contract Documents and <br />shall not extend to means, methods, techniques, sequences <br />or procedures of construction (except where a specific means, <br />method, technique, sequence or procedure of construction is <br />indicated in or required by the Contract Documents) or to <br />safety precautions or programs incident thereto. The review <br />and approval of a separate Rcm as such will not indicate <br />approval of the assembly in which the item functions. CON- <br />TRACTOR shall make corrections required by ENGINEER, <br />and shall return the required number of corrected copies of <br />Shop Drawings and submit as required new samples for review <br />and approval. CONTRACTOR shall direct specific attention <br />in writing to revisions other than the corrections called for <br />by ENGINEER on previous submittals. <br /> <br /> 6.27. ENGINEER's review and approval of Shop Draw- <br />ings or samples shall not relieve CONTRACTOR from <br />responsibility for any variation from the requirements of the <br />Contract Documents unless CONTRACTOR has in writing <br />called ENGINEER's attention to each such variation at the <br />time of submission as required by paragraph 6.25.2 and <br />ENGINEER has given written approval of each such varia- <br />tion by a specific written notation thereof incorporated in or <br />accompanying the Shop Drawing or sample approval; nor <br />will any 'approval by ENGINEER relieve CONTRACTOR <br />from responsibility for errors or omissions in the Shop Draw- <br />ings or from responsibility for having complied with the pro- <br />visions of paragraph 6.25.1. <br /> <br />attributable to bodily injury, sickness, disease or death, or to <br />injury to or destruction of tangible property (other than ,.he <br />Work itself) including the loss of use resulting thee'cf'rom and <br />(b) is caused in whole or in part by any negligent act or <br />omission of CONTRACTOR, any Subcontractor, any person <br />or organization directly or indirectly employed by any of them <br />io perform or furnish any of the Work or anyone for whose <br />acts any o£ them may be liable, regardless of whether or not <br />it is caused in part by a party indemnified hereunder or arises <br />by or is imposed by Law and Regulations regardless of the <br />negligence of any such party. <br /> <br /> 6.31. In any and all claims against OWNER or ENGI- <br />NEER or any of their consultants, agents or employees by <br />any employee of CONTRACTOR, any Subcontractor. any <br />person or organization directly or indirectly employed by any <br />of them to perform or furnish any of the Work or anyone for <br />whose acts any of them may be liable, the indemnification <br />obligation under paragraph 6.30 shall not be limited in any <br />way by any limitation on the amount or type of damages, <br />compensation or benefits payable by or for CONTPOkCTOR <br />or any such Subcontractor or other person or organization <br />under workers' or workmen's compensation acts, disability <br />benefit acts or other employee benefit acts. <br /> <br /> 6.32. The obligations of CONTRACTOR under para- <br />graph 6.30 shall not extend to thc liability of ENGINEER, <br />ENGINEER's consultants, agents or employees arising out <br />of the preparation or approval of maps, drawings, opinions, <br />reports, surveys, Change Orders, designs or specifications. <br /> <br />ARTICLE 7--OTHER WORK <br /> <br /> 6.28. Where a Shop Drawing or sample is required by the <br />Specifications, any related Work performed prior to ENGI- <br />NEER's review and approvalofthe pertinent submission will <br />be the sole expense and responsibility of CONTRACTOR. <br /> <br />Continulng the Wor&' <br /> <br /> 6.29. CONTRACTOR shall carry on the Work and adhere <br />to the progress schedule during all disputes or disagreements <br />with OWNER. No Work shall be delayed or postponed penal- <br />ing resolution of any disputes or disagreements, except as <br />permitted by paragraph 15.5 or a~ CONTRACTOR and <br />OWNER may otherwise agree in writing. <br /> <br />Related Work at SHe: <br /> <br /> 7.1. OWlqER may perform other work related to the Proj- <br />ect at the site by OWNER's own forces, have other work <br />performed by utility owners or let other direct contracts therefor <br />which shall contain General Conditions similar to these. If <br />the fact that such other work is to be performed was not noted <br />in the Contract Documents, written not[ce thereof will be <br />given to CONTRACTOR prior to starting any such other <br />work; and, if CONTRACTOR believes that such perfor- <br />mance will involve additional expense to CONTRACTOR or <br />requires additional time and the parties are unable tb agree <br />as to the extent thereof, CONTRACTOR may make'a claim <br />therefor as provided in Articles I I and 12. <br /> <br />* 'Indemnification: <br /> <br /> 6.30. To the fullest'extent permltted by Laws and Regu- <br /> latlona CONTRACTOR shall indemolfy and hold harmless <br /> OWNER and ENGINEER and their consultants, agents and <br /> employees from and against all clalms, damages, losses and <br /> expenses, direct, indirect or consequential (including but not <br /> limited t6 fees and charges of engineers, architects, attorneys <br /> and other professionals and court and arbitration costs) aris- <br /> ing out of or resulting from the performance of the Work, <br /> <br /> 7.2. CONTRACTOR shall ~Tord each utility owner and <br />other contractor who is a party to such a direct contract (or <br />OWNER, if OWNER is performing the additional work with <br />OWNER's employees) proper and safe access to the site and <br />a reasonable opportunity for the introduction and storage of <br />materials and equipment and the execution of such work, and <br />shall propody connect and coordinate the Work with theirs. <br />CONTRACTOR shall do all cutting, fitting and patching of <br />the Work that may b¢ required to make ils several paris come <br />together properly and integrate with such other work CON- <br /> <br />*See Supplementary Conditions 46 <br /> <br /> <br />
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