|
' 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.
<br />' 3.7 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 names,
<br />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 CONSULTANT,
<br />as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before
<br />they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other
<br />identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand specified).
<br />ARTICLE 4 - AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
<br />Availability of Lands:
<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 />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 />4.2 The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and subsurface
<br />tests at no cost.
<br />Subsurface Conditions:
<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 of labor, 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 /CONSULTANT on
<br />the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part
<br />' of this 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 for
<br />estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for
<br />any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by
<br />' the CITY /CONSULTANT.
<br />Differing Site Conditions:
<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 />' (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this
<br />Contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those
<br />' 00710-6
<br />C�
<br />
|