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(07-05-01) 172nd St. Roadway Improvements
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Last modified
1/28/2011 11:58:40 AM
Creation date
1/28/2011 11:57:31 AM
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CityClerk-Bids_RFP_RFQ
Project Name
172nd St. Roadway Improvements
Bid No. (xx-xx-xx)
07-05-01
Project Type (Bid, RFP, RFQ)
Bid
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<br />I <br /> <br />3.06 Electronic Data <br /> <br />I <br />I <br /> <br />A. Copies of data furnished by Owner or <br />Engineer to Contractor or Contractor to Owner or <br />Engineer that may be relied upon are limited to the <br />printed copies (also known as hard copies). Files in <br />electronic media format of text, data, graphics, or <br />other types are furnished only for the convenience of <br />the receiving party. Any conclusion or information <br />obtained or derived from such electronic files will be <br />at the user's sole risk. If there is a discrepancy <br />between the electronic files and the hard copies, the <br />hard copies govern. <br /> <br />I <br /> <br />I <br /> <br />B. Because data stored in electronic media <br />format can deteriorate or be modified inadvertently <br />or otherwise without authorization of the data's <br />creator, the party receiving electronic files agrees <br />that it will perform acceptance tests or procedures <br />within 60 days, after which the receiving party shall <br />be deemed to have accepted the data thus <br />transferred. Any errors detected within the 60-day <br />acceptance period will be corrected by the <br />transferring party.. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />C. When transferring documents in <br />electronic media format, the transferring party makes <br />no representations as to long term compatibility, <br />usability, or readability of documents resulting from <br />the use of software application packages, operating <br />systems, or computer hardware differing from those <br />used by the data's creator. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />ARTICLE 4 AVAILABILITY <br />SUBSURFACE AND PHYSICAL <br />HAZARDOUS ENVIRONMENTAL <br />REFERENCE POINTS <br /> <br />OF LANDS; <br />CONDITIONS; <br />CONDITIONS; <br /> <br />I <br /> <br />4.01 Availability of Lands <br /> <br />I <br /> <br />A. Owner shall furnish the Site. Owner shall <br />notify Contractor of any encumbrances or <br />restrictions not of general application but specifically <br />related to use of the Site with which Contractor must <br />comply in performing the Work. Owner will obtain in <br />a timely manner and pay for easements for <br />permanent structures or permanent changes in <br />existing facilities. If Contractor and Owner are <br />unable to agree on entitlement to or on the amount <br />or extent, if any, of any adjustment in the Contract <br />Price or Contract Times, or both, as a result of any <br />delay in Owner's furnishing the Site or a part thereof, <br />Contractor may make a Claim therefor as provided <br />in Paragraph 10.05. <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />B, Upon reasonable written request, Owner <br />shall furnish Contractor with a current statement of <br /> <br />I <br /> <br />record legal title and legal description of the lands <br />upon which the Work is to be performed and <br />Owner's interest therein as necessary for giving <br />notice of or filing a mechanic's or construction lien <br />against such lands in accordance with applicable <br />Laws and Regulations. <br /> <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 <br />materials and equipment. <br /> <br />4.02 Subswface and Physical Conditions <br /> <br />A. Reports and Drawings: The <br />Supplementary Conditions identify: <br /> <br />1. those reports of explorations and tests of <br />subsurface conditions at or contiguous to the Site <br />that Engineer has used in preparing the Contract <br />Documents; and <br /> <br />2. those drawings of physical conditions in <br />or relating to existing surface or subsurface struc- <br />tures at or contiguous to the Site (except <br />Underground Facilities) that Engineer has used in <br />preparing the Contract Documents. <br /> <br />B. Limited Reliance by Contractor on <br />Technical Data Authorized: Contractor may rely <br />upon the general accuracy of the "technical data" <br />contained in such reports and drawings, but such <br />reports and drawings are not Contract Documents. <br />Such "technical data" is identified in the <br />Supplementary Conditions. Except for such reliance <br />on such "technical data," Contractor may not rely <br />upon or make any claim against Owner or Engineer, <br />or any of their Related Entities with respect to: <br /> <br />1. the completeness of such reports and <br />drawings for Contractor's purposes, including, but <br />not limited to, any aspects of the means, methods, <br />techniques, sequences, and procedures of <br />construction to be employed by Contractor, and <br />safety precautions and programs incident thereto; or <br /> <br />2. other data, interpretations, opinions, and <br />information contained in such reports or shown or <br />indicated in such drawings; or <br /> <br />3. any Contractor interpretation of or <br />conclusion drawn from any "technical data" or any <br />such other data, interpretations, opinions, or infor- <br />mation. <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Cop)Tight @ 2002 National Society of Professional Engineers for EJCI>C, All rights reserved. <br />00700 - 12 <br /> <br />I <br /> <br />Final Version 01/07 <br /> <br />03-4197 <br />
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