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1999-221
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1999-221
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Last modified
10/31/2023 3:34:35 PM
Creation date
10/31/2023 3:19:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
08/24/1999
Control Number
1999-221
Entity Name
Treasure Coast Contracting, Inc.
Subject
Sebastian Water Assessment Project, Phase 2C
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ti <br />?=. GLnired Millner kv ON rely upon the Fcnerxl <br />Technical para: CONTRACTOR ClR rnay <br />wAwr-y of the "technical data ' containted In Ruch reports aced <br />drawin p. but mcb repots and dtawin>fx arc not Canuf <br />I Documents. Steens "tcthni Y data" is iderid6od in the Supvk. <br />mentary Cond4krts. Ex"T9 for such re"ance on such " Wch- <br />nical data:' CONIRACTOR maY not rely upon or nuke any <br />clamp M.Ainst OWNER. ENGINEER a ally of ENGIN CER 's <br />Consultants with respect to: <br />4.2 2.1. the camfA,:teness of such reports and drawing <br />for CONTRACTOR'S i4jrposes• irrAudinF. but tsar limited <br />to. any aspects of Ute rnearts. methods. tecimiquM se- <br />quences and procedures Of c"Irucuan w be ffn*yc d by <br />CONTRAMR and safety preanitions and prolaani <br />dent thereto. or <br />4'2. other dud, interpretations. opinions Ind infix- <br />m1don cmtaincd in such repcx -s or shown or indicated in <br />such drawings. or <br />4.2-2-3. anyCUN`LILAMRinterpsetationoforeondu• <br />lion drawn from ally " lecbtieal dud" or any such oast. <br />anterprctations. opinions or irdonrraikn. <br />4.1.3. Notice of EliQcrin; subsurface or Phvsfcal Conde`- <br />rdonr: if CON'TRACIOR believes that any sub,."_--fzct or <br />physical ccndition at or contiguous to the site that is uncovered <br />o rcvcalcd either. <br />4.2.3.1. is of Ruch a nature as to establish that any <br />..technical data" on which CONTRACTOR is cntitled to <br />rely as provided in pssagraphs 4?.1 and 4 11 is m21cr IY <br />index -state. or <br />,4.2.32. is orsuch a nature as to require a char€e in the <br />Contact Documents. or <br />4?.5. Possible Conrracr Rocurnrnrs Chaner. If ENGI- <br />NEER Concludes that a change in the Contract Docurneats is <br />required as aresult of acondition that meets one or marc of the <br />categories in oara4p-30 4.'-3.. a Wort, Change Directive err a <br />Chartge Order will be issued as provided in Attidt 14 to reACCI <br />and document the csynscqucn= of such change. <br />4.233. differs matriallyfrom dill shownarirAkAtcd in <br />the cconuact Documents. or <br />4.2.3.4. is of an unusual nature, and differs nutetiallY <br />from condidons ordinarily encountered and ivnerally recog- <br />nized as inherent in work of the clrar-dcur provided for in the <br />Contract Documents. then <br />CONTRACTOR shalt. promptly after becoming aware thereof <br />and before further disturbing candidotu affected thereby or <br />performing any Work in connection therewith texeept in an <br />emergencv as permitted by pasapmph 6.231. notify OWNER <br />and ENGINEER in writing about such condition. CONTRI.C- <br />TOR shall not further dixtuth such eonditiens err perform any <br />Work in connection therewith texccpt as aforesaid[ until rc- <br />ceipt of wrin..-n order to do to. <br />4.2.4. ENGfNF.ER°s Revjew. ENGINEER mill ptompdy <br />review the pertincM conditions. detemtine the ncc=ity or <br />OWNER's obtaining additional exploration or tests with re- <br />spect thereto and advise OWNER in writing (with a urpY to <br />CONTRACTOR) of ENGINEER'% Wings and cOt dusiont. <br />4.�, 6. Posriltle Price and 77mes hditrrimrnrs: Artcquitablc <br />sdiustntent in the Contract price of in the Contract 1 -antes. or <br />bath. will be MMwcd to the extent that the existence of such <br />uncovered or revealed condition tfuscr In inaLaa.: or dc' <br />eseasc in CONTRACMR's cost of. or time required for <br />perfami,trtce of. the Work: subject. however. to the following: <br />such corsdition must meet anyone or marc of the <br />categories described in paragraphs 4.:3.1 through 423A. <br />inetusive: <br />41_6' a change in the Contract Documenu pursuant to <br />parIZI-A,ph 4.?j will not be an sutomuie autlsOdLuion of nor <br />a condition precedent m entitlement to any Such ac[lusuncnt: <br />4?.6 7. with rrspect to WOW that is paid for an a Unit <br />Pricc oasis. any sdjustmcnt in Contract Price will be subject <br />to the provisions of paragraphs 9.10 and 11.4: and <br />4? 6 4. CONTRACTOR shall not be entitled to any <br />aojust=m in the Cutxraet Plkl alt Ttrnes if: <br />42-6.4.1. CONTE RACfOR knew of the existence of <br />such conditions at the time COUTRACTOR made a final <br />c mmiuttent to OWNER in respect OfCantraet Plus and <br />Contract Times by tine submission of a bid or becoming <br />bound under a negotiated contract: or <br />4.2.6.4.1 the existence of such condition could rea• <br />xo,,bly have been discovered or revealed as a result of <br />any examination. inwcstitration, exploration. test or study <br />of the site and c(mdInjous areas required by the (lidding <br />Requirements or Contract Documents to be conducted by <br />or for CONTRAMR prior to CONTRACTOR'S making <br />uich final commitment. or <br />4.2..6.4.3. CONTRACTOR failed to give the written <br />e h 4.7_3. <br />novice within the time and as rcquircd by parag p <br />If OWNER and CONTRACTOR, arc unable to slrrec on <br />entitlement to or as to tine amount or length of any such <br />equitahtr, adjustment in the: Contract Price or Contract'I"tmes. <br />I claim may be made therefor as provided in Articles I I and 12. <br />however.OWNER- ENGINEER avid ENGINEER'sConsult- <br />ants shall not be liable to CONTRAMR for any claims. <br />cats. fosses or dantagcs sustlincd by CCINTRACTO <br />Ronorin <br />wnnecxian v.irlt any Other project or arnucipated project. <br />A3. Pknical Cnndia'anr--U+idcrgrtTund FadL da: <br />4.3.1. Shokn or-�f.�n&'^Ca„red: Ila inforrnad_ WCCC res existing <br />or IndjCatcd in the CM_ACt DL7ettnien, to the Site is based on <br />UndC, ttwsxl Faalitics at or contigua <br />00700-19 <br />
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