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(07-05-01) 172nd St. Roadway Improvements
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Last modified
1/28/2011 11:58:40 AM
Creation date
1/28/2011 11:57:31 AM
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CityClerk-Bids_RFP_RFQ
Project Name
172nd St. Roadway Improvements
Bid No. (xx-xx-xx)
07-05-01
Project Type (Bid, RFP, RFQ)
Bid
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<br />I <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />effective to assign to Owner, or Engineer, or any of, <br />their Related Entities, any duty or authority to <br />supervise or direct the performance of the Work or <br />any duty or authority to undertake responsibility <br />inconsistent with the provisions of the Contract <br />Documents. <br /> <br />3,03 Reporting and Resolving Discrepancies <br /> <br />A. Reporting Discrepancies <br /> <br />1, Contractor's Review of Contract <br />Documents Before Starting Work: Before <br />undertaking each part of the Work, Contractor shall <br />carefully study and compare the Contract <br />Documents and check and verify pertinent figures <br />therein and all applicable field measurements. <br />Contractor shall promptly report in writing to <br />Engineer any conflict, error, ambiguity, or <br />discrepancy which Contractor may discover and <br />shall obtain a written interpretation or clarification <br />from Engineer before proceeding with any Work <br />affected thereby. <br /> <br />2, Contractor's Review of Contract <br />Documents During Performance of Work: If, during <br />the performance of the Work, Contractor discovers <br />any conflict, error, ambiguity, or discrepancy within <br />the Contract Documents or between the Contract <br />Documents and any provision of any Law or <br />Regulation applicable to the performance of the <br />Work or of any standard, specification, manual or <br />code, or of any instruction of any Supplier, <br />Contractor shall promptly report it to Engineer in <br />writing. Contractor shall not proceed with the Work <br />affected thereby (except in an emergency as <br />required by Paragraph 6.16.A) until an amendment <br />or supplement to the Contract Documents has been <br />issued by one of the methods indicated in Paragraph <br />3.04. <br /> <br />3. Contractor shall not be liable to <br />Owner or Engineer for failure to report any conflict, <br />error, ambiguity, or discrepancy in the Contract <br />Documents unless Contractor knew or reasonably <br />should have known thereof. <br /> <br />B. Resolving Discrepancies <br /> <br />1. Except as may be otherwise specifically <br />stated in the Contract Documents, the provisions of <br />the Contract Documents shall take precedence in <br />resolving any conflict, error, ambiguity, or discrepan- <br />cy between the provisions of the Contract Docu- <br />ments and: <br /> <br />a. the provIsions of any standard, <br />specification, manual, code, or instruction <br /> <br />(whether or not specifically incorporated by <br />reference in the Contract Documents); or <br /> <br />b. the provisions of any Laws or Regulations <br />applicable to the performance of the Work <br />(unless such an interpretation of the provi- <br />sions of the Contract Documents would <br />result in violation of such Law or <br />Regulation). <br /> <br />3.04 Amending and Supplementing Contract <br />Documents <br /> <br />A. The Contract Documents may be <br />amended to provide for additions, deletions, and <br />revisions in the Work or to modify the terms and <br />conditions thereof by either a Change Order or a <br />Work Change Directive. <br /> <br />B. The requirements of the Contract <br />Documents may be supplemented, and minor <br />variations and deviations in the Work may be autho- <br />rized, by one or more of the following ways: <br /> <br />1. A Field Order; <br /> <br />2. Engineer's approval of a Shop Drawing or <br />Sample; (Subject to the provisions of Paragraph <br />6.17.D.3); or <br /> <br />3, Engineer's written interpretation or <br />clarification. <br /> <br />3.05 Reuse of Documents <br /> <br />A. Contractor and any Subcontractor or <br />Supplier or other individual or entity performing or <br />furnishing all of the Work under a direct or indirect <br />contract with Contractor, shall not: <br /> <br />1. have or acquire any title to or ownership <br />rights in any of the Drawings, Specifications, <br />or other documents (or copies of any thereof) <br />prepared by or bearing the seal of Engineer or <br />Engineer's consultants, including electronic media <br />editions; or <br /> <br />2. reuse any of such Drawings, <br />Specifications, other documents, or copies thereof <br />on extensions of the Project or any other project <br />without written consent of Owner and Engineer and <br />specific written verification or adaption by Engineer. <br /> <br />B. The prohibition of this Paragraph 3.05 will <br />survive final payment, or termination of the Contract. <br />Nothing herein shall preclude Contractor from <br />retaining copies of the Contract Documents for <br />record purposes. <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700 - 11 <br /> <br />Final Version 01/07 <br /> <br />03-4197 <br />
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