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<br />shall at once report in writing to City any conflict, error, or
<br />discrepancy which they may discover; however, they shall not
<br />be liable to City for their failure to discover any conflict, error,
<br />or discrepancy in the Specifications.
<br />
<br />1.40 Pre-Start Meeting:
<br />Within five (5) days after delivery of the executed Agreement
<br />by City to Vendor, but before starting the Work at the site, a
<br />Pre-Start conference will be held to review the above schedules,
<br />and for processing Statement of Services, and to establish a
<br />working understanding between the parties as to the Project.
<br />Present at the conference will be the City representative and
<br />the Vendor.
<br />
<br />1.41 Correlation, Interpretation, and Intent of Contract
<br />Documents: It is the intent of the Specifications to
<br />describe a complete Project to be delivered in accordance
<br />with the Contract Documents, The Contract Documents
<br />comprise the entire Agreement between the City and the
<br />Vendor. They may be altered only by a Modification.
<br />The Contract Documents are complementary; what is
<br />called for by one is as binding as if called for by all. If
<br />Vendor finds a conflict, error or discrepancy in the
<br />Contract Documents, they shall call it to the City's
<br />attention in writing at once and before proceeding with
<br />the Work affected thereby. The various Contract
<br />Documents shall be given precedence in case of conflict,
<br />error or discrepancy, as follows: Change Orders,
<br />Supplemental General Conditions, Agreement
<br />Modifications, Addenda, Special Conditions, Instructions
<br />to Proposers, General Conditions, and Specifications. If
<br />the requirements of other Contract Documents are more
<br />stringent than those of the Supplemental General
<br />Conditions, the more stringent requirements shall apply.
<br />The words "furnish" and "furnish and install", "install",
<br />and "provide" or words with similar meaning shall be
<br />interpreted, unless otherwise specifically stated, to mean
<br />"furnish and install complete in place and ready for
<br />service". Miscellaneous items and accessories which are
<br />not specifically mentioned, but which are essential to
<br />produce a complete and properly operating installation,
<br />or usable structure or plant, providing the indicated
<br />function, shall be furnished and installed without change
<br />in the Contract Price. Such miscellaneous items and
<br />accessories shall be of the same quality standards,
<br />including material, style, finish, strength, class, weight
<br />and other applicable characteristics, as specified for the
<br />major component of which the miscellaneous item or
<br />accessory is an essential part, and shall be approved by
<br />the City before installation. The above requirement is not
<br />intended to include major components not covered by or
<br />inferable from the Specifications. The Work of all trades
<br />under this Contract shall be coordinated by the Vendor in
<br />such manner as to obtain the best workmanship possible
<br />for the entire Project, and all components of the Work
<br />shall be installed or erected in accordance with the best
<br />practices of the particular trade.
<br />
<br />1.42 Availability of Lands: The City will furnish, as
<br />indicated in the Contract Documents, the lands upon which the
<br />Work is to be done, rights-of-way for access thereto, and such
<br />other lands which are designed for the use of the Vendor.
<br />Easements for permanent structures or permanent changes in
<br />existing facilities will be obtained and paid for by the City unless
<br />otherwise specified in the Contract Documents.
<br />
<br />1.43
<br />
<br />Vendor's Liability Insurance: Vendor shall
<br />
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<br />BID No. 11-05-02
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<br />provide and maintain in force until all the Work to be performed
<br />under this Contract has been completed and accepted by City
<br />(or for such duration as is otherwise specified hereinafter), the
<br />insurance coverage set forth in section 2.0 paragraph 2.9
<br />
<br />1.44 Vendor's Responsibility: The Vendor shall have the
<br />following responsibilities:
<br />
<br />1.44.1
<br />
<br />The Vendor will not employ any Sub-Vendor, against
<br />whom the City may have reasonable objection, nor
<br />will the Vendor be required to employ any Sub-
<br />Vendor who has been accepted by the City, unless
<br />the City determines that there is good cause for
<br />doing so.
<br />
<br />1.44.2 The Vendor shall be fully responsible for all acts and
<br />omissions of their Sub-Vendors and of persons and
<br />organizations directly or indirectly employed by
<br />them and of persons and organizations for whose
<br />acts any of them may be liable to the same extent
<br />that they are responsible for the acts and omissions
<br />of persons directly employed by them. Nothing in
<br />the Contract Documents shall create any contractual
<br />relationship between City or Vendor and any Sub-
<br />Vendor or other person or organization having a
<br />direct contract with Vendor, nor shall it create any
<br />obligation on the part of City to payor to see to
<br />payment of any persons due any Sub-Vendor or
<br />other person or organization, except as may
<br />otherwise be required by law. City may fumish to
<br />any Sub-Vendor or other person or organization, to
<br />the extent practicable, evidence of amounts paid to
<br />the Vendor on account of specified Work done in
<br />accordance with the schedule values.
<br />
<br />1.44.3. The divisions and sections of the Specifications shall
<br />not control the Vendor in dividing the Work among
<br />Sub-Vendors or delineating the Work performed by
<br />any specific trade.
<br />
<br />1.44.4. The Vendor agrees to bind specifically every Sub-
<br />Vendor to the applicable terms and conditions of the
<br />Contract Documents for the benefit of the City.
<br />
<br />1.44.5. All Work performed for the Vendor by a Sub-Vendor
<br />shall be pursuant to an appropriate agreement
<br />between the Vendor and the Sub-Vendor.
<br />
<br />1.44.6. The Vendor shall be responsible for the coordination
<br />of the trades, Sub-Vendors and material and men
<br />engaged upon their Work:
<br />
<br />1.44.6.1. The Vendor shall cause appropriate
<br />provisions to be inserted in all subcontracts relative
<br />to the Work to bind Sub-Vendors to the Vendor by
<br />the terms of these General Conditions and other
<br />Contract Documents insofar as applicable to the
<br />Work of Sub-Vendors, and give the Vendor the same
<br />power as regards to terminating any subcontract
<br />that the City may exercise over the Vendor under
<br />any provisions of the Contract Documents.
<br />
<br />1.44.6.2. The City will not undertake to settle
<br />any differences between the Vendor and their Sub-
<br />Vendors or between Sub-Vendors.
<br />
<br />1.44.6.3.
<br />
<br />If in the opinion of the City, any Sub-
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