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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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allowances. No demand for addi[[oflal payment on account <br />of any thereof will be valid. <br /> <br />Prior to final payment, an appropriate Change Order will 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 />Un~ Price Work: <br /> I 1.9.1. Where the Contract Documents provide that <br /> all or part of the Work is to be Unit Price Work, initially <br /> the Contract Price will be deemed to include for all Unit <br /> Price 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 Price Work are 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 9.10. <br /> <br /> 11.9.2. Each unit price will be deemed to include an <br />amount considered by CONTRACTOR to be adequate to <br />cover CONTRACTOR's overhead and profit for each sep- <br />arately ideotlfled item. <br /> <br />'11.9.3. Where the quantity of any kem 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-s a result thereof, CON- <br />TRACTOR may make a claim for an increase in the Con- <br />tract Price in accordance with Article 11 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 Contract 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 the 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 />*See Supplementary Condition~ <br /> <br />52 <br /> <br />shall be determined by ENGINEER in accordance with para. <br />graph 9. I 1 dOWNER and CONTRACTOR cann.~ot otherw[se <br />agree. No claim for an adjustment 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 of 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 performing additional <br />work as contemplated by Article 7, or to fires, floods, labor <br />disputes, epidemics, abnormal weather conditions or acts of <br />God. <br /> <br /> 12.3. All time lin~its 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 charges 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 />Warranty and Guarantee: <br /> <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. Ail defective Work, whether or not in place, may be <br />rejected, corrected or accepted as provided in this Arlicle 13. <br /> <br />Access to Work: <br /> <br /> 13.2. ENGINEER and ENGINEER's representatives, <br />other representatives of OWNER, testing agencies and gov- <br />ernme ntal agencies withjurisdictional interests will have access <br />to the Work at reasonable times for their observation, inspecting <br />and testing. CONTRACTOR shall provide proper and safe <br />conditions for such access. <br /> <br />Tests and Inspections: <br /> 13.3. CONTRACTOR shall give ENGINEER timely notice <br />of readiness of the Work for all required inspections, tests or <br />approvals. <br /> <br /> 13.4. If Laws or Regulations of any 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 /> <br />
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