HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 5482 ASPHALT OVERLAY PROJECT 2000 (27)CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings- Reference is made to
the Supplementary Conditions for identification of-
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at
or contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents,
and
4 2.1.2 Physical Conditions: Those drawings of
physical conditions in or relating to existing
surface or subsurface structures at or contiguous to
the site (except Underground Facilities) that have
been utilized by ENGINEER in preparing the
Contract Documents
42.2 Limited Reliance by CONTRACTOR
Authonzed; Technical Data: CONTRACTOR may
rely upon the general accuracy of the "technical data"
contained in such reports and drawings, but such
reports and drawings are not Contract Documents
Such "technical data" is identified in the
Supplementary Conditions Except for such reliance
on such "technical data", CONTRACTOR may not
rely upon or make any claim against OWNER,
ENGINEER or any of ENGINEER's Consultants with
respect to-
4 2 2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4 2.2.2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings, or
4 2 2 3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4 2 3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to
the site that is uncovered or revealed either-
4.2 3 1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4 2.3.2 is of such a nature as to require a change
in the Contract Documents, or
4 2 3 3. differs materially from that shown or
indicated in the Contract Documents, or
4 2.3 4 is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents, then
CONTRACTOR shall, pr-emptl immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6 23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such
conditions or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
4 2 4 ENGINEER's Review. ENGINEER will
promptly review the pertinent conditions, determine
the necessity of OWNER's obtaining additional
exploration or tests with respect thereto and advise
OWNER in writing (with a copy to CONTRACTOR)
of ENGINEER's findings and conclusions.
4 2 5 Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that
meets one or more of the categories in paragraph
4 2.3, a Work Change Directive or a Change Order
will be issued as provided in Article 10 to reflect and
document the consequences of such change
4 2 6. Possible Price and Times Adjustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent
that the existence of such uncovered or revealed
condition causes an mcreaie` or decrease in
CONTRACTOR's cost of, or time required for
performance of, the Work; subject, however, to the
following
4.2.6.1 such condition must meet any one or
more of the categories described in
paragraphs 4.2 3 1 through 4.2.3 4, inclusive;
4.2 6 2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2 6 3. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of
paragraphs 9.10 and 11.9, and
4 2.6.4 CONTRACTOR shall not be entitled to
any adjustment in the Contract Price or Times if-,
4.2 6 4 1. CONTRACTOR knew of the
existence of such conditions at the time
CONTRACTOR made a final commitment to
OWNER in respect of Contract Price and
6
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)