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RFP No. 14-11-01 NE 174th St. Roadway Improvements
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<br />information will not relieve him from responsibility for estimating properly the <br />difficulty or cost of successfully performing the Work. The OWNER assumes no <br />responsibility for any conclusions or interpretations made by the CONTRACTOR <br />on the basis of the information made available by the OWNER/ENGINEER. <br /> <br />Differing Site Conditions: <br /> <br /> 4.4 (a) The CONTRACTOR shall promptly, and before such conditions are <br />disturbed, notify the OWNER and ENGINEER in writing, of: (1) subsurface or <br />latent physical conditions at the site differing materially from those indicated in this <br />contract, or (2) unknown physical conditions at the site, of an unusual nature, <br />differing materially from those ordinarily encountered and generally recognized as <br />inherent in work of the character provided for in this contract. The OWNER shall <br />promptly investigate the conditions, and if he finds that such conditions do <br />materially so differ and cause an increase or decrease in the Contractor's cost of, <br />or the time required for, performance of any part of the work under this contract, <br />whether or not changed as a result of such conditions, an equitable adjustment <br />shall be made and the contract modified in writing accordingly. <br /> <br /> (b) No claim of the CONTRACTOR under this clause shall be allowed unless the <br />CONTRACTOR has given the notice required in (a) above; provided, however, the <br />time prescribed therefore may be extended by the OWNER. <br /> <br /> (c) No claim by the CONTRACTOR for an equitable adjustment hereunder shall <br />be allowed if asserted after final payment under this contract. <br /> <br />ARTICLE 5 – INSURANCE (This Article is superseded by Owner’s RFP form) <br /> <br />Contractor's Liability Insurance: <br /> <br /> 5.1 The CONTRACTOR will, at his own expense, purchase and maintain such <br />insurance as will protect the OWNER and the CONTRACTOR from claims under <br />Workmen's Compensation laws, disability benefit laws or other similar employee <br />benefits laws; from claims for damages because of bodily injury, occupational <br />sickness or disease, or death of his employees, and claims insured by usual <br />personal injury liability coverage; from claims for damages because of bodily injury, <br />sickness or disease or death of any person other than his employees including <br />claims insured by usual personal bodily injury liability coverage; and from claims <br />for injury to or destruction of tangible property, including loss of use resulting <br />therefrom - any or all of which may arise out of or result from the Contractor's <br />operations under the Contract Documents whether such operations be by any <br />Subcontractor or anyone directly or indirectly employed by any of them or for <br />whose acts any of them may be legally liable. This insurance shall be written for <br />not less than $500,000.00 as to claims of any one person and $1,000,000.00 for <br />total claims for any one occurrence for bodily injury and $250,000.00 for property <br />damage, or as required by law, whichever is greater, and shall include contractual <br /> <br />City of Sunny Isles Beach <br />NE 174th Street Roadway Improvements <br />00700-9 General Conditions <br />14-1758 / 09-19-2014 <br />
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