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(08-06-01) Atlantic Isle Roadway and Utility Improvements
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3/21/2013 5:26:14 PM
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3/21/2013 5:25:32 PM
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CityClerk-Special Master Hrg.
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1 <br /> 5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by <br /> the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase <br /> to 98% of the contract price (with the balance being retainage), less such amounts as <br /> ENGINEER shall determine, only after receipt of the final as-builts and upon substantial <br /> completion of the project and in accordance with Paragraph 14.02 of the General <br /> Conditions. <br /> 5.2.5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with <br /> paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price <br /> as recommended by ENGINEER as provided in said paragraph 14.07. <br /> Article 6. INTEREST. (Not Applicable) <br /> Article 7. CONTRACTOR'S REPRESENTATIONS. <br /> In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br /> representations: <br /> 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the <br /> Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents <br /> including "technical data." <br /> 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, <br /> local and site conditions that may affect cost, progress, performance or furnishing of the Work. <br /> 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and <br /> 1 Regulations that may affect cost, progress, performance and furnishing of the Work. <br /> 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface <br /> conditions at or contiguous to the site and all drawings of physical conditions in or relating to <br /> existing surface or subsurface structures at or contiguous to the site (except Underground <br /> Facilities) which have been identified in the Supplementary Conditions as provided in paragraph <br /> 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph <br /> 1 SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such <br /> reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of <br /> the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not <br /> Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR <br /> acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or <br /> completeness of information and data shown or indicated in the Contract Documents with respect <br /> to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully <br /> studied (or assumes responsibility for having done so) all such additional supplementary <br /> examinations, investigations, explorations, tests, studies and data concerning conditions (surface, <br /> subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect <br /> cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, <br /> methods, techniques, sequences and procedures of construction to be employed by <br /> CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not <br /> consider that any additional examinations, investigations, explorations, tests, studies or data are <br /> necessary for the performance and furnishing of the Work at the contract Price, within the Contract <br /> Times and in accordance with the other terms and conditions of the Contract Documents. <br /> 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and <br /> others at the site that relates to the Work as indicated in the Contract Documents. <br /> 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and <br /> 1 observations obtained from visits to the site, reports and drawings identified in the Contract <br /> Documents and all additional examinations, investigations, explorations, tests, studies and data <br /> with the Contract Documents. <br /> 05/08 Final Version 00500-3 05-4893 <br />
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