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RFP No. 11-05-01 Bella Vista Bay Park Improvements
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Last modified
6/17/2011 1:53:05 PM
Creation date
6/17/2011 1:47:03 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Bella Vista Park Improvements
Bid No. (xx-xx-xx)
11-05-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />8.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds <br />covering payment of obligations arising under the Contract, the Contractor shall promptly <br />furnish a copy of the bonds to such person or entity. <br /> <br />8.1.4 The Contractor shall keep the surety informed of the progress of the Work, and, where <br />necessary, obtain the surety's consent to or waiver of: (1) notice of changes in the Work; <br />(2) request for reduction or release of retention; (3) request for final payment; and (4) any <br />other material required by the surety. The City shall be notified by the Contractor, in <br />writing, of all communications with the surety. The City may, in the City's sole discretion, <br />inform surety of the progress of the Work, any defects in the Work, or any defaults of <br />Contractor under the Contract Documents and obtain consents as necessary to protect <br />the City's rights, interest, privileges and benefits under and pursuant to any bond issued <br />in connection with the Work. <br /> <br />8.1.5 Contractor shall indemnify and hold harmless the City and any agents, employees, <br />representative from and against any claims, expenses, losses, costs, including <br />reasonable attorneys' fees, as a result of any failure of Contractor to procure the bonds <br />required herein. <br /> <br />PROVISION 9 <br />UNCOVERING AND CORRECTION OF THE <br />WORK <br /> <br />9.1 Uncovering of the Work <br /> <br />9.1.1 If a portion of the Work is covered contrary to the AlE's request or to requirements <br />specifically expressed in the Contract Documents, it shall, if required in writing by the AlE <br />or the City's Representative, be uncovered for the AlE's observation and be replaced at <br />the Contractor's expense without change in the Contract Time. <br /> <br />9.1.2 If a portion of the Work has been covered which the AlE or the City's Representative has <br />not specifically requested to observe, prior to its being covered, the AlE or the City's <br />Representative may request to see such Work, and it shall be uncovered by the <br />Contractor. If such Work is in accordance with the Contract Documents, costs of <br />uncovering and replacement shall, by appropriate Change Order, be charged to the City. <br />If such Work is not in accordance with the Contract Documents, the Contractor shall pay <br />such costs unless the condition was caused by the City or a separate contractor in which <br />event the City will be responsible for payment of such costs. <br /> <br />9.2 Correction of the Work <br /> <br />9.2.1 The AlE or City's Representative shall have the right to reject Work not in strict <br />compliance with the requirements of the Contract Documents. The Contractor shall <br />promptly correct Work rejected by the AlE or the City's Representative for failing to <br />conform to the requirements of the Contract Documents, whether observed before or <br />after final completion and whether or not fabricated, installed, or completed. If Work has <br />been rejected by AlE or City's Representative, the AlE or City's Representative shall <br />have the right to require the Contractor to remove it from the Project site and replace it <br />with Work that strictly conforms to the requirements of the Contract Documents <br />regardless if such removal and replacement results in "economic waste." Contractor <br />shall pay all claims, costs, losses and damages caused by or resulting from the <br />correction, removal or replacement of defective Work, including but not limited to, all <br />costs of repair or replacement of Work of others. The Contractor shall bear costs of <br />correcting, removing and replacing such rejected Work, including additional testing and <br />inspections and compensation for the AlE's services and expenses made necessary <br /> <br />28 <br />
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