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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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Site which was not shown or indicated, or not <br />shown or indicated with reasonable accuracy in <br />the Contract Documents, CONTRACTOR shall, <br />promptly after becoming aware thereof and <br />before further disturbing conditions affected <br />thereby or performing any Work in connection <br />therewith (except in an emergency as required <br />by paragraph 6.16.A), identify the owner of <br />such Underground Facility and give written <br />notice to that owner and to OWNER and ENGI- <br />NEER. ENGINEER will promptly review the <br />Underground Facility and determine the extent, <br />if any, to which a change is required in the <br />Contract Documents to reflect and document <br />the consequences of the existence or location <br />of the Underground Facility. During such time, <br />CONTRACTOR shall be responsible for the <br />safety and protection of such Underground <br />Facility. <br />2. If ENGINEER concludes that a <br />change in the Contract Documents is required, <br />a Work Change Directive or a Change Order <br />will be issued to reflect and document such <br />consequences. An equitable adjustment shall <br />be made in the Contract Price or Contract <br />Times, or both, to the extent that they are <br />attributable to the existence or location of any <br />Underground Facility that was not shown or <br />indicated or not shown or indicated with <br />reasonable accuracy in the Contract <br />Documents and that CONTRACTOR did not <br />know of and could not reasonably have been <br />expected to be aware of or to have anticipated. <br />If OWNER and CONTRACTOR are unable to <br />agree on entitlement to or on the amount or <br />extent, if any, of any such adjustment in <br />Contract Price or Contract Times, OWNER or <br />CONTRACTOR may make a Claim therefor as <br />provided in paragraph 10.05. <br />4.05 Reference Points <br />A. OWNER shall provide engineering surveys to <br />establish reference points for construction which in <br />ENGINEER's judgment are necessary to enable <br />CONTRACTOR to proceed with the Work. CON- <br />TRACTOR shall be responsible for laying out the <br />Work, shall protect and preserve the established <br />reference points and property monuments, and shall <br />make no changes or relocations without the prior <br />written approval of OWNER. CONTRACTOR shall <br />report to ENGINEER whenever any reference point or <br />property monument is lost or destroyed or requires <br />relocation because of necessary changes in grades or <br />locations, and shall be responsible for the accurate <br />replacement or relocation of such reference points or <br />property monuments by professionally qualified <br />personnel. <br />4.06 Hazardous Environmental Condition at Site <br />A. Reports and Drawings: Reference is made to <br />the Supplementary Conditions for the identification of <br />those reports and drawings relating to a Hazardous <br />Environmental Condition identified at the Site, if any, <br />that have been utilized by the ENGINEER in the <br />preparation of the Contract 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 <br />Supplementary Conditions. Except for such reliance <br />on such "technical data," CONTRACTOR may not rely <br />upon or make any Claim against OWNER, <br />ENGINEER or any of ENGINEER's Consultants with <br />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, opinions <br />or information. <br />C. CONTRACTOR shall not be responsible for <br />any Hazardous Environmental Condition uncovered or <br />revealed at the Site which was not shown or indicated <br />in Drawings or Specifications or identified in the <br />Contract Documents to be within the scope of the <br />Work. CONTRACTOR shall be responsible for a <br />Hazardous Environmental Condition created with any <br />materials brought to the Site by CONTRACTOR, <br />Subcontractors, Suppliers, or anyone else for whom <br />CONTRACTOR is responsible. <br />D. If CONTRACTOR encounters a Hazardous <br />Environmental Condition or if CONTRACTOR or <br />anyone for whom CONTRACTOR is responsible <br />creates a Hazardous Environmental Condition, <br />CONTRACTOR shall immediately: (i) secure or <br />otherwise isolate such condition; (ii) stop all Work in <br />00700 - General Conditions REV 5-10-13 <br />00700 - 13 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1413 -Martin Luther King Walking Trail \Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- <br />13.doc <br />
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