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<br />published by regulating agencies or accepted organizations, including but not limited to National Electrical Code,
<br />applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and
<br />the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of
<br />the Bid,
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<br />3,8 Brand names where used in the technical specifications, are intended to denote the standard or quality required
<br />for the particular material or product. The term "equal" or "equivalent", when used in connection with brand
<br />names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity,
<br />composition, finish, color and other applicable characteristics to the material or product specified by trade name,
<br />and that is suitable for the same use capable of performing the same function, in the opinion of the CITY, as the
<br />material or product so specified, Proposed equivalent items must be approved by CITY before they are purchased
<br />or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used
<br />without the phrase "or equal", the CONTRACTOR shall use the brand specified),
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<br />AR TlCLE 4 - A V AILABILlTY OF LANDS SUB SURF ACE CONDITIONS REFERENCE POINTS
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<br />A vailability of Lands:
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<br />4,1 The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done,
<br />rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR.
<br />Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the
<br />CITY unless otherwise specified in the Contract Documents, Other access to such lands or rights-of-way for the
<br />CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR,
<br />
<br />The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary
<br />construction facilities or storage of material and equipment.
<br />
<br />4.2 The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and
<br />subsurface tests at no cost.
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<br />Subsurface Conditions:
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<br />4,3 The CONTRACTOR acknowledges that they have investigated prior to bidding and satisfied themselves as
<br />to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal,
<br />handling and storage of materials, availability oflabor, water, electric power, roads and uncertainties of weather,
<br />river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the
<br />ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work, The
<br />CONTRACTOR further acknowledges that they have satisfied themselves as to the character, quality and quantity
<br />of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably
<br />ascertainable from an inspection of the site, including all exploratory work done by the CITY on the site or any
<br />contiguous site, as well as from information presented by the Drawings and Specifications made part of this
<br />Contract, or any other information made available to them prior to receipt of bids. Any failure by the
<br />CONTRACTOR to acquaint themselves with the available information will not relieve them from responsibility
<br />for estimating properly the difficulty or cost of successfully performing Work, The CITY assumes no responsibility
<br />for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available
<br />by the CITY,
<br />
<br />Differing Site Conditions:
<br />
<br />4.4 (a) The CONTRACTOR shall within forty eight (48) hours of their discovery, and before such conditions
<br />are disturbed, notifY the CITY in writing, of:
<br />
<br />(J) Subsurface or latent physical conditions at the site differing materially from those indicated in this
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<br />00710-6
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