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(04-01-01) Sea Wall Replacement & Restoration
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Last modified
6/13/2012 12:25:47 AM
Creation date
1/6/2011 11:55:55 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Sea Wall Replacement & Restoration
Bid No. (xx-xx-xx)
04-01-01
Project Type (Bid, RFP, RFQ)
Bid
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r <br />performance of the Work or any duty or authority to under- <br />take responsibility inconsistent with the provisions of para- <br />graph 9.13 or any other provision of the Contract Docu- <br />ments. <br />3.4. Whenever in the Contract Documents the terms "as <br />ordered, "as directed," "as required." "as allowed," "as <br />approved" or terms of like effect or import are used, or the <br />adjectives "reasonable," "suitable," "acceptable," "proper" <br />or "satisfactory" or adjectives of like effect or import are <br />used to describe a requirement, direction, review or judg- <br />ment of ENGINEER as to the Work, it is intended that such <br />requirement, direction, review or judgment will be solely to <br />evaluate, in general, the completed Work for compliance <br />with the requirements of and information in the Contract <br />Documents and conformance with the design concept of the <br />completed Project as a functioning whole as shown or <br />indicated in the Contract Documents (unless there is a <br />specific statement indicating otherwise). The use of any such <br />term or adjective shall not be effective to assign to ENGI- <br />NEER any duty or authority to supervise or direct the <br />furnishing or performance of the Work or any duty or <br />authority to undertake responsibility contrary to the provi- <br />sions of paragraph 9.13 or any other provision of the <br />Contract Documents. <br />Amending and Supplementing Contract Documents: <br />3.5. The Contract Documents may be amended to provide <br />for additions, deletions and revisions in the Work or to modify <br />the terms and conditions thereof in one or more of the following <br />ways: <br />3.5.1. a formal Written .Amendment, <br />3.5.2. a Change Order (pursuant to paragraph 10.4), or <br />3.5.3. a Work Change Directive (pursuant to <br />paragraph 10.1). <br />3.6. In addition, the requirements of the Contract Docu- <br />ments may be supplemented, and minor variations and devia- <br />tions in the Work may be authorized, in one or more of the <br />following ways: <br />3.6.1. a Field Order (pursuant to paragraph 9.5), <br />3.6.2. ENGINEER's approval of a Shop Drawing or <br />Sample (pursuant to paragraphs 6.26 and 6.27), or <br />3.6.3. ENGINEER's written interpretation or clarifica- <br />tion (pursuant to paragraph 9.4). <br />Reuse of Documents: <br />3.7. CONTRACTOR, and any Subcontractor or Supplier <br />or other person or organization performing or furnishing any of <br />the Work under a direct or indirect contract with OWNER (i) <br />shall not have or acquire any title to or ownership rights in any <br />17 <br />S� <br />of the Drawings, Specifications or other documents (or copies <br />of any thereof) prepared by or bearing the seal of ENGINEER <br />or ENGINEER's Consultant, and (ii) shall not reuse any of <br />such Drawings, Specifications, other documents or copies on <br />extensions of the Project or any other project without written <br />consent of OWNER and ENGINEER and specific written <br />verification or adaption by ENGINEER. <br />ARTICLE 4— AVAILABILITY OF LANDS; <br />SUBSURFACE AND PHYSICAL <br />CONDITIONS; REFERENCE POINTS <br />Availabilit} of Lands: <br />4.1. OWNER shall furnish, as indicated in the Contract <br />Documents, the lands upon which the Work is to be performed, <br />rights -of -way and easements for access thereto, and such other <br />lands which are designated for the use of CONTRACTOR. <br />Upon reasonable written request, OWNER shall furnish CON- <br />TRACTOR with a correct statement of record legal title and <br />legal description of the lands upon which the Work is to be <br />performed and OWNER's interest therein as necessary for <br />giving notice of or filing a mechanic's lien against such lands in <br />accordance with applicable Laws and Regulations. OWNER <br />shall identify any encumbrances or restrictions not of general <br />application but specifically related to use of lands so furnished <br />with which CONTRACTOR will have to comply in performing <br />the Work. Easements for permanent structures or permanent <br />changes in existing facilities will be obtained and paid for by <br />OWNER, unless otherwise provided in the Contract Docu- <br />ments. if CONTRACTOR and OWNER are unable to agree on <br />entitlement to or the amount or extent of any adjustments in the <br />Contract Price or the Contract Times as a result of any delay in <br />OWNER's furnishing these lands, rights -of -way or easements, <br />CONTRACTOR may make a claim therefor as provided in <br />Articles 11 and 12. CONTRACTOR shall provide for all <br />additional lands and access thereto that may be required for <br />temporary construction facilities or storage of materials and <br />equipment. <br />4.2. Subsurface and Physical Conditions: <br />4.2.1. Reports and Drawings: Reference is made to the <br />Supplementary Conditions for identification of: <br />4.2.1.1. Subsurface Conditions: Those reports of explo- <br />rations and tests of subsurface conditions at or contiguous to <br />the site that have been utilized by ENGINEER in preparing <br />the Contract Documents; and <br />4.2.1.2. Physical Conditions: Those drawings of physical <br />conditions in or relating to existing surface or subsurface <br />structures at or contiguous to the site (except Underground <br />Facilities) that have been utilized by ENGINEER in prepar- <br />ing the Contract Documents. <br />
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