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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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inforn -anon and data furnished to OWNER or ENGINEER by <br />the ow^ters of such Underground Facilities or by others. Unless it <br />is otherwise expressly provided in the Supplementary Conditions: <br />4.3.1.1. OWNER and ENGINEER shall not be respon- <br />sibie for the accuracy or completeness of any such informa- <br />tion or data; and <br />4.3.1.2. The cost of all of the following will be included in <br />the Contract Price and CONTRACTOR shall have full respon- <br />sbibry for (i) reviewing and checking all such information and <br />da'a. (ii) locating all Underground Facilities shown or indicated <br />in the Contract Documents, (iii) coordination of the Work with <br />the ow -ters of such Underground Facilities during construction, <br />and (iv) the safety and protection of all such Underground <br />Pac iii6es as provided in paragraph 6.20 and repairing any <br />damage thereto resulting from the Work. <br />4.3.2. Not Shown or Indicated: if an Underground Facility <br />is uncovered or revealed at or contiguous to the site which was <br />not shown or indicated in the Contract Documents. CON- <br />TRACTOR shall. promptly after becoming aware thereof and <br />before further disturbing conditions affected thereby or per- <br />forming any Work in connection therewith (except in an <br />emergency as required by paragraph 6.23), identify the owner <br />of such Underground Facility and give written notice to that <br />owner and to OWNER and ENGINEER. ENGINEER will <br />promptly review the Underground Facility and determine the <br />extent, if any, to which a change is required in the Contract <br />Documents to reflect and document the consequences of the <br />existence of the Underground Facility. If ENGINEER con- <br />cludes that a change in the Contract Documents is required, a <br />Work Change Directive or a Change Order will be issued as <br />provided in .Article 10 to reflect and document such conse- <br />quences. During such time, CONTRACTOR shall be respon- <br />sible for the safety and protection of such Underground Facility <br />as provided in paragraph 6.20. CONTRACTOR shall be al- <br />lowed an increase in the Contract Price or an extension of the <br />Contract Times, or both, to the extent that they are attributable <br />to the existence of any Underground Facility that was not <br />shown or indicated in the Contract Documents and that CON- <br />TRACTOR did not know of and could not reasonably have <br />been expected to be aware of or to have anticipated. if <br />OWNER and CONTRACTOR are unable to agree on entitle- <br />ment to or the amount or length of any such adjustment in <br />Contract Price or Contract Times, CONTRACTOR may make <br />a claim therefor as provided in Articles 11 and 12. However, <br />OWNER, ENGINEER and ENGINEER's Consultants shall <br />not be liable to CONTRACTOR for any claims, costs, losses or <br />damages incurred or sustained by CONTRACTOR on or in <br />connection with any other project or anticipated project. <br />Reference Points: <br />4.4. OWNER shall provide engineering surveys to estab- <br />lish reference points for construction which in ENGINEER's <br />judgment are necessary to enable CONTRACTOR to proceed <br />with the Work. CONTRACTOR shall be responsible for laying <br />out the Work, shall protect and preserve the established <br />reference points and shall make no changes or relocations <br />19 <br />v.ithout the prior written approval of OWNER. CONTRAC- <br />TOR shall report to ENGINEER whenever any reference <br />point is lost or destroyed or requires relocation because of <br />necessary changes in grades or locations, and shall be respon- <br />sible for the accurate replacement or relocation of such refer - <br />ence points by professionally qualified personnel. <br />4.3. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- <br />active 'Material: <br />».5.1. OWNER shall be responsible for any .Asbestos, <br />PCBs, Petroleum, Hazardous Waste or Radioactive Material <br />uncovered or revealed at the site which was not shown or <br />indicated in Drawings or Specifications or identified in the <br />Contract Documents to be within the scope of the Work and <br />which may present a substantial danger to persons or property <br />exposed thereto in connection with the Work at the site. <br />OWNER shall not be responsible for any such materials <br />brought to the site by CONTRACTOR, Subcontractor, Suppli- <br />ers or anyone else for whom CONTRACTOR is responsible. <br />4.5.2. CONTRACTOR shall immediately: (1) stop all <br />Work in connection with such hazardous condition and in <br />any area affected thereby (except in an emergency as re- <br />quired by paragraph 6.23), and (ii) notify OWNER and <br />ENGINEER (and thereafter confirm such notice in writing). <br />OWNER shall promptly consult with ENGINEER concern- <br />ing the necessity for OWNER to retain a qualified expert to <br />evaluate such hazardous condition or take corrective action, <br />if anv. CONTRACTOR shall not be required to resume Work <br />in connection with such hazardous condition or in any such <br />affected area until after OWNER has obtained any required <br />permits related thereto and delivered to CONTRACTOR <br />special written notice: (i) specifying that such condition and <br />any affected area is or has been rendered safe for the <br />resumption of Work, or (ii) specifying any special conditions <br />under which such Work may be resumed safely. If OWNER <br />and CONTRACTOR cannot agree as to entitlement to or the <br />amount or extent of an adjustment, if any, in Contract Price <br />or Contract Times as a result of such Work stoppage or such <br />special conditions under which Work is agreed by CON- <br />TRACTOR to be resumed, either party may make a claim <br />therefor as provided in Articles 11 and 12. <br />4.5.3. If after receipt of such special written notice <br />CONTRACTOR does not agree to resume such Work based <br />on a reasonable belief it is unsafe, or does not agree to <br />resume such Work under such special conditions, then <br />OWNER may order such portion of the Work that is in <br />connection with such hazardous condition or in such af- <br />fected area to be deleted from the Work. If OWNER and <br />CONTRACTOR cannot agree as to entitlement to or the <br />amount or extent of an adjustment, if any, in Contract Price <br />or Contract Times as a result of deleting such portion of the <br />Work, then either party may make a claim therefor as <br />provided in Articles 11 and 12. OWNER may have such <br />deleted portion of the Work performed by OWNER's own <br />forces or others in accordance with Article 7. <br />4.5.4. To the fullest extent permitted by Laws and Reg- <br />ulations, OWNER shall indemnify and hold harmless CON- <br />TRACTOR, Subcontractors, ENGINEER, ENGINEER's <br />
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