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2015-102
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2015-102
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Last modified
3/30/2017 1:21:22 PM
Creation date
7/23/2015 2:08:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
05/19/2015
Control Number
2015-102
Agenda Item Number
8.I.
Entity Name
Timothy Rose Contracting
Subject
Martin Luther King Walking Trail
Contract Documents
Area
45th Street and 28th Court
Project Number
1413
Bid Number
2015034
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other project without written consent of OWNER and <br />ENGINEER and specific written verification or <br />adaption by ENGINEER. This prohibition will survive <br />final payment, completion, and acceptance of the <br />Work, or termination or completion of the Contract. <br />Nothing herein shall preclude CONTRACTOR from <br />retaining copies of the Contract Documents for record <br />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 <br />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 <br />OWNER's interest therein as necessary for giving <br />notice of or filing a mechanic's or construction lien <br />against such lands in accordance with applicable <br />Laws and Regulations. <br />C. CONTRACTOR shall provide for all additional <br />lands and access thereto that may be required for <br />temporary construction facilities or storage of <br />materials and equipment. <br />4.02 Subsurface and Physical Conditions <br />A. Reports and Drawings: The Supplementary <br />Conditions identify: <br />1. those reports of explorations and <br />tests of subsurface conditions at or contiguous <br />to the Site that ENGINEER has used in <br />preparing the Contract Documents; and <br />2. those drawings of physical <br />conditions in or relating to existing surface or <br />subsurface structures at or contiguous to the <br />Site (except Underground Facilities) that ENGI- <br />NEER has used in preparing the Contract <br />Documents. <br />B. Limited Reliance by CONTRACTOR on <br />Technical Data Authorized: CONTRACTOR may rely <br />upon the general accuracy of the "technical data" <br />contained in such reports and drawings, but such <br />reports and drawings are not Contract Documents. <br />Such "technical data" is identified in the Supplementa- <br />ry Conditions. Except for such reliance on such <br />"technical data," CONTRACTOR may not rely upon or <br />make any Claim against OWNER, ENGINEER, or any <br />of ENGINEER's Consultants with respect to: <br />1. the completeness of such reports <br />and drawings for CONTRACTOR's purposes, <br />including, but not limited to, any aspects of the <br />means, methods, techniques, sequences, and <br />procedures of construction to be employed by <br />CONTRACTOR, and safety precautions and <br />programs incident thereto; or <br />2. other data, interpretations, opinions, <br />and information contained in such reports or <br />shown or indicated in such drawings; or <br />3. any CONTRACTOR interpretation of <br />or conclusion drawn from any "technical data" <br />or any such other data, interpretations, <br />opinions, or information. <br />4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If CONTRACTOR believes that any <br />subsurface or physical condition at or contiguous to <br />the Site that is uncovered or revealed either: <br />1. is of such a nature as to establish <br />that any "technical data" on which CONTRAC- <br />TOR is entitled to rely as provided in paragraph <br />4.02 is materially inaccurate; or <br />2. is of such a nature as to require a <br />change in the Contract Documents; or <br />3. differs materially from that shown or <br />indicated in the Contract Documents; or <br />4. is of an unusual nature, and differs <br />materially from conditions ordinarily <br />encountered and generally recognized as inher- <br />ent in work of the character provided for in the <br />Contract Documents; <br />then CONTRACTOR shall, promptly after becoming <br />aware thereof and before further disturbing the <br />00700 - General Conditions REV 5-10-13 <br />00700 - 11 <br />F:1Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail Wdmin\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />
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