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2018-131B
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2018-131B
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Last modified
12/30/2020 1:07:40 PM
Creation date
8/20/2018 1:46:40 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
07/17/2018
Control Number
2018-131B
Agenda Item Number
8.I.
Entity Name
Community Asphalt
Subject
County Road 512 Resurfacing and Shoulder Widening
Contract Documents & Specifications
Area
Myrtle Street to 125th Avenue
Project Number
IRC-1305
Bid Number
2018-009
Alternate Name
CR 512
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3. differs materially from that shown or <br />indicated in the Contract Documents; or <br />4. is of on unusual nature, and differs <br />materially from conditions ordinarily <br />encountered and generally recognized aminher- <br />ent in work ofthe character provided for in the <br />Contract Documents; <br />then CONTRACTOR shall, after becoming <br />aware thereof and before further disturbing the <br />subsurface or physical conditions orperforming any <br />Work inconnection therewith (except inanemergency <br />as required bvparagraph 8.1O.A). notify OWNER and <br />ENGINEER in vvhdng about such condition. <br />CONTRACTOR ohoU not further disturb such <br />condition orperform any Work inconnection therewith <br />(except asaforesaid) until receipt ofwritten order bodo <br />B. ENG0NEBR's Review. After receipt ofwritten <br />notice as required by paragraph 4.03.A, ENGINEER <br />will promptly review the pertinent condition, determine <br />the nsceamdv of O8/NER'a obtaining additional <br />exploration ortests with respect thereto, and advise <br />OWNER inwriting (with acopy boCONTRACTOR) of <br />ENG|NEEFt'ofindingsand conclusions. <br />C. Possible Price and Times Adjustments <br />1. The Contract Price or the Contract <br />Times, or both, will be equitably adjusted to the <br />extent that the existence of such differing <br />subsurface mrphysical condition causes an in- <br />crease or decrease in C{JNTRACT(]R's cost <br />of, or time required for, performance of the <br />Work; subject, however, to the following: <br />a. such condition must meet any one or <br />more of the oabsQohmn described in para- <br />graph <br />b. with respect toWork that ispaid for <br />on a Unit Price Basis, any adjustment in <br />Contract Price will be subject to the <br />provisions ofparagraphs 9.O8and 11.0]. <br />2. CONTRACTOR shall not bmentitled <br />to any adjustment in the Contract Price or <br />Contract Times if: <br />&CONTRACTOR knew of the <br />existence of such conditions at. the time <br />CONTRACTOR made e final commitment <br />to OWNER inrespect ofContract Price and <br />Contract Times by the submission of Bid <br />or becoming bound under o negotiated <br />contract; or <br />b.the existence ofsuch condition could <br />reasonably have been discovered or <br />revealed as o result of any exominadon, <br />invesbgmUon, oxolomation, bamt or study of <br />the Site and contiguous areas required by <br />the Bidding Requirements or Contract <br />Documents tobaconducted bvorfor CON- <br />TRACTOR prior to C{JNTRACTOR'a <br />making such final commitment; or <br />o. CONTRACTOR failed to give the <br />written nofice within the time and as re- <br />quired by paragraph 4.03.A. <br />3. If OWNER and CONTRACTOR are <br />unable to agree on entitlement to or on the <br />amount or extent, if any, of any adjustment in <br />the Contract Price orContract Times, orboth, o <br />Claim may be mode therefor as provided in <br />paragraph 10.05. However, OWNER, <br />ENGINEER, and ENGINEER'e Consultants <br />ahoU not be liable to CONTRACTOR for any <br />daimne, c#sts, loesom, or damages (including <br />but not limited to all fees and charges of <br />engineera, onzhibecta, ettonmeya, and other <br />professionals and all court orarbitration orother <br />dispute resolution costs) sustained by <br />CONTRACTOR on or in connection with any <br />other project oranticipated project. <br />4.04 Underground Facilities <br />A. Shown or Indicated- The information and data <br />shown or indicated in the Contract Documents With <br />respect to existing Underground Facilities at or <br />contiguous tothe Site is based on information and <br />data fumishad to OWNER or ENGINEER by the <br />owners of such Underground Facilities, including <br />C}VVNER, or by others. Unless it is otherwise <br />expressly provided inthe Supplementary Conditions: <br />1. OWNER and ENGINEER shall not <br />be responsible for the accuracy or com- <br />pleteness <br />2. the cost ofall ofthe following will be <br />included in the Contract Price, and CONTRAC- <br />TOR <br />a. reviewing and checking all such <br />information and data, <br />00700 - General Conditions REV 5-10-13 <br />Vo7oo-,2 <br />pAP"bli"vmokMsw»INeenmsDIVISION pmOJsCTa3m-CnenResunmooruxyrU°mm125thmvm°m\biu^ocumentmw°ste,Contract nmcumentsx0700'General Conditions <br />
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