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(06-12-01) Town Center Park Restroom & Lighting Improv.
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Last modified
6/13/2012 4:49:53 AM
Creation date
1/24/2011 10:45:37 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Town Center Park Restrooms & Lighting Improv.
Bid No. (xx-xx-xx)
06-12-01
Project Type (Bid, RFP, RFQ)
Bid
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Ll <br />�1 <br />t <br />t <br />it <br />A. Owner shall furnish the Site. Owner shall <br />notify Contractor of any encumbrances or restrictions not <br />of general application but specifically related to use of the <br />Site with which Contractor must comply in performing <br />the Work. Owner will obtain in a timely manner and pay <br />for easements for permanent structures or permanent <br />changes in existing facilities. If Contractor and Owner are <br />unable to agree on entitlement to or on the amount or <br />extent, if any, of any adjustment in the Contract Price or <br />Contract Times, or both, as a result of any delay in <br />Owner's furnishing the Site or a part thereof, Contractor <br />may make a Claim therefor as provided in Paragraph <br />10.05. <br />B. Upon reasonable written request, Owner shall <br />furnish Contractor with a current statement of record legal <br />title and legal description of the lands upon which the <br />Work is to be performed and Owner's interest therein as <br />necessary for giving notice of or filing a mechanic's or <br />construction lien against such lands in accordance with <br />applicable Laws and Regulations. <br />C. Contractor shall provide for all additional <br />lands and access thereto that may be required for <br />temporary construction facilities or storage of materials <br />and equipment. <br />4.02 Subsurface and Physical Conditions <br />A. Reports and Drawings: The Supplementary <br />Conditions identify: <br />1. those reports of explorations and tests of <br />subsurface conditions at or contiguous to the Site that <br />Engineer has used in preparing the Contract Documents; <br />and <br />2. those drawings of physical conditions in or <br />relating to existing surface or subsurface structures at or <br />contiguous to the Site (except Underground Facilities) <br />that Engineer has used in preparing the Contract <br />Documents. <br />B. Limited Reliance by Contractor on Technical <br />Data Authorized. Contractor may rely upon the general <br />accuracy of the "technical data" contained in such reports <br />and drawings, but such reports and drawings are not <br />Contract Documents. Such "technical data" is identified <br />in the Supplementary Conditions. Except for such reliance <br />on such "technical data," Contractor may not rely upon or <br />make any claim against Owner or Engineer, or any of <br />their Related Entities with respect to: <br />1. the completeness of such reports and drawings <br />for Contractor's purposes, including, but not limited to, <br />any aspects of the means, methods, techniques, <br />sequences, and procedures of construction to be employed <br />by Contractor, and safety precautions and programs <br />incident thereto; or <br />2. other data, interpretations, opinions, and <br />information contained in such reports or shown or <br />indicated in such drawings; or <br />3. any Contractor interpretation of or conclusion <br />drawn from any "technical data" or any such other data, <br />interpretations, opinions, or information. <br />4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If Contractor believes that any subsur- <br />face or physical condition at or contiguous to the Site that <br />is uncovered or revealed either: <br />1. is of such a nature as to establish that any <br />"technical data" on which Contractor is entitled to rely as <br />provided in Paragraph 4.02 is materially inaccurate; or <br />2. is of such a nature as to require a change in the <br />Contract Documents; or <br />3. differs materially from that shown or indicated <br />in the Contract Documents; or <br />4. is of an unusual nature, and differs materially <br />from conditions ordinarily encountered and generally <br />recognized as inherent in work of the character provided <br />for in the Contract Documents; <br />then Contractor shall, promptly after becoming aware <br />thereof and before further disturbing the subsurface or <br />physical conditions or performing any Work in connec- <br />tion therewith (except in an emergency as required by <br />Paragraph 6.16.A), notify Owner and Engineer in writing <br />about such condition. Contractor shall not further disturb <br />such condition or perform any Work in connection <br />therewith (except as aforesaid) until receipt of written <br />order to do so. <br />B. Engineer's Review: After receipt of written <br />notice as required by Paragraph 4.03.A, Engineer will <br />promptly review the pertinent condition, determine the <br />necessity of Owner's obtaining additional exploration or <br />tests with respect thereto, and advise Owner in writing <br />(with a copy to Contractor) of Engineer's findings and <br />conclusions. <br />C. Possible Price and Times Adjustments <br />1. The Contract Price or the Contract Times, or <br />both, will be equitably adjusted to the extent that the <br />existence of such differing subsurface or physical <br />EJCDC C -700 Standard General Conditions of the Construction Contract. <br />Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700- 12 <br />IDecember 2006 06 -5723 <br />
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