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2021-052B
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Last modified
5/6/2021 12:38:34 PM
Creation date
5/6/2021 12:26:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2021
Control Number
2021-052B
Agenda Item Number
12.G.2.
Entity Name
Halley Engineering Contractors, Inc.
Subject
Award of Bid No. 2021018 for Construction of 66th Ave Roadway Widening
Area
(49th St. to 69th Street),
Project Number
IRC-1505
Bid Number
2021018
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ENGINEER, or any of ENGINEER's <br />Consultants, agents, or employees any duty or <br />authority to supervise or direct the performance <br />of the Work or any duty or authority to undertake <br />responsibility inconsistent with the provisions of <br />the Contract Documents. <br />3.03 Reporting and Resolving Discrepancies <br />A. Reporting Discrepancies <br />1. If, during the performance of the <br />Work, CONTRACTOR discovers any conflict, <br />error, ambiguity, or discrepancy within the Con- <br />tract Documents or between the Contract Docu- <br />ments and any provision of any Law or <br />Regulation applicable to the performance of the <br />Work or of any standard, specification, manual <br />or code, or of any instruction of any Supplier, <br />CONTRACTOR shall report it to ENGINEER in <br />writing at once. CONTRACTOR shall not <br />proceed with the Work affected thereby (except <br />in an emergency as required by paragraph <br />6.16.A) until an amendment or supplement to <br />the Contract Documents has been issued by <br />one of the methods indicated in paragraph 3.04; <br />provided, however, that CONTRACTOR shall <br />not be liable to OWNER or ENGINEER for <br />failure to report any such conflict, error, ambigu- <br />ity, or discrepancy unless CONTRACTOR knew <br />or reasonably should have known thereof. <br />B. Resolving Discrepancies <br />1. Except as may be otherwise <br />specifically stated in the Contract Documents, <br />the provisions of the Contract Documents shall <br />take precedence in resolving any conflict, error, <br />ambiguity, or discrepancy between the <br />provisions of the Contract Documents and: <br />a. the provisions of any standard, <br />specification, manual, code, or instruction <br />(whether or not specifically incorporated by <br />reference in the Contract Documents); or <br />b. the provisions of any Laws or <br />Regulations applicable to the performance of <br />the Work (unless such an interpretation of <br />the provisions of the Contract Documents <br />would result in violation of such Law or <br />Regulation). <br />3.04 Amending and Supplementing Contract <br />Documents <br />A. The Contract Documents may be amended to <br />provide for additions, deletions, and revisions in the <br />Work or to modify the terms and conditions thereof in <br />one or more of the following ways: (i) a Written Amend- <br />ment; (ii) a Change Order; or (iii) a Work Change <br />Directive. <br />B. The requirements of the Contract Documents <br />may be supplemented, and minor variations and <br />deviations in the Work may be authorized, by one or <br />more of the following ways: (6) a r'e'p' ^; (ii) <br />ENGINEER's approval of a Shop Drawing or Sample; <br />or (iii) ENGINEER's written interpretation or clarifi- <br />cation. <br />3.05 Reuse of Documents <br />A. CONTRACTOR and any Subcontractor or <br />Supplier or other individual or entity performing or <br />furnishing any of the Work under a direct or indirect <br />contract with OWNER: (i) shall not have or acquire any <br />title to or ownership rights in any of the Drawings, <br />Specifications, or other documents (or copies of any <br />thereof) prepared by or bearing the seal of ENGINEER <br />or ENGINEER's Consultant, including electronic media <br />editions; and (ii) shall not reuse any of such Drawings, <br />Specifications, other documents, or copies thereof on <br />extensions of the Project or any other project without <br />written consent of OWNER and ENGINEER and <br />specific written verification or adaption by ENGINEER. <br />This prohibition will survive final payment, completion, <br />and acceptance of the Work, or termination or <br />completion of the Contract. Nothing herein shall <br />preclude CONTRACTOR from retaining copies of the <br />Contract Documents for record purposes. <br />ARTICLE 4 - AVAILABILITY OF LANDS; <br />SUBSURFACE AND PHYSICAL CONDITIONS; <br />REFERENCE POINTS <br />4.01 Availability of Lands <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 <br />must comply in performing the Work. OWNER will <br />obtain in 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 or <br />extent, if any, of any adjustment in the Contract Price <br />or Contract Times, or both, as a result of any delay in <br />OWNER's furnishing the Site, CONTRACTOR may <br />make a Claim therefor as provided in paragraph 10.05. <br />B. Upon reasonable written request, OWNER <br />shall furnish CONTRACTOR with a current statement <br />of record legal title and legal description of the lands <br />upon which the Work is to be performed and OWNER's <br />interest therein as necessary for giving notice of or <br />filing a mechanic's or construction lien against such <br />General Conditions - 00700 - 6 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 69th St\1-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditions of the <br />Contract.docx <br />
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