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specific or by implication , shall mean the sten- a. the provisions of any standard ,
<br /> dard, specification , manual , code, or Laws or specification , manual , code, or instruction
<br /> Regulations in effect at the time of opening of (whether or not specifically incorporated by
<br /> Bids (or on the Effective Date of the Agreement reference in the Contract Documents) ; or
<br /> if there were no Bids), except as may be
<br /> otherwise specifically stated in the Contract b. the provisions of any Laws or
<br /> Documents. Regulations applicable to the performance
<br /> of the Work (unless such an interpretation of
<br /> 2 . No provision of any such standard , the provisions of the Contract Documents
<br /> specification , manual or code, or any instruction would result in violation of such Law or
<br /> of a Supplier shall be effective to change the Regulation).
<br /> duties or responsibilities of OWNER,
<br /> CONTRACTOR, or ENGINEER, or any of their 3. 04 Amending and Supplementing Contract
<br /> subcontractors, consultants, agents, or employ- Documents
<br /> ees from those set forth in the Contract
<br /> Documents, nor shall any such provision or A. The Contract Documents may be amended to
<br /> instruction be effective to assign to OWNER, provide for additions, deletions, and revisions in the
<br /> ENGINEER, or any of ENGINEER's Work or to modify the terms and conditions thereof in
<br /> Consultants, agents, or employees any duty or one or more of the following ways: (i) a Written
<br /> authority to supervise or direct the performance Amendment; (ii) a Change Order, or (iii) a Work
<br /> of the Work or any duty or authority to Change Directive.
<br /> undertake responsibility inconsistent with the
<br /> provisions of the Contract Documents. B. The requirements of the Contract Documents
<br /> may be supplemented , and minor variations and
<br /> 3. 03 Reporting and Resolving Discrepancies deviations in the Work may be authorized, by one or
<br /> more of the following ways: (i) a Field Order; (ii)
<br /> A. Reporting Discrepancies ENGINEER's approval of a Shop Drawing or Sample,
<br /> or (iii) ENGINEER Is written interpretation or clarifi-
<br /> 1 . If, during the performance of the cation .
<br /> Work, CONTRACTOR discovers any conflict,
<br /> error, ambiguity, or discrepancy within the Con- 3 . 05 Reuse of Documents
<br /> tract Documents or between the Contract
<br /> Documents and any provision of any Law or A. CONTRACTOR and any Subcontractor or
<br /> Regulation applicable to the performance of the Supplier or other individual or entity performing or
<br /> Work or of any standard , specification , manual furnishing any of the Work under a direct or indirect
<br /> or code, or of any instruction of any Supplier, contract with OWNER: (i) shall not have or acquire
<br /> CONTRACTOR shall report it to ENGINEER in any title to or ownership rights in any of the Drawings,
<br /> writing at once. CONTRACTOR shall not Specifications, or other documents (or copies of any
<br /> proceed with the Work affected thereby (except thereof) prepared by or bearing the seal of
<br /> in an emergency as required by paragraph ENGINEER or ENGINEER's Consultant, including
<br /> 6. 16.A) until an amendment or supplement to electronic media editions; and (ii) shall not reuse any
<br /> the Contract Documents has been issued by of such Drawings, Specifications, other documents, or
<br /> one of the methods indicated in paragraph copies thereof on extensions of the Project or any
<br /> 3.04, provided , however, that CONTRACTOR other project without written consent of OWNER and
<br /> shall not be liable to OWNER or ENGINEER for ENGINEER and specific written verification or
<br /> failure to report any such conflict, error, adaption by ENGINEER. This prohibition will survive
<br /> ambiguity, or discrepancy unless CON- final payment, completion , and acceptance of the
<br /> TRACTOR knew or reasonably should have Work, or termination or completion of the Contract.
<br /> known thereof. Nothing herein shall preclude CONTRACTOR from
<br /> retaining copies of the Contract Documents for record
<br /> B. Resolving Discrepancies purposes.
<br /> 1 . Except as may be otherwise
<br /> specifically stated in the Contract Documents,
<br /> the provisions of the Contract Documents shall
<br /> take precedence in resolving any conflict, error,
<br /> ambiguity, or discrepancy between the
<br /> provisions of the Contract Documents and :
<br /> 00700 - General Conditions REV 0407.doc
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<br /> FAIRublic Works\ENGINEERING DMSION PROJECTS\0545,66Th Ave SR60 to 57th St (Arcadis)Wdmim\Bid Documents%00700 - General Conditions REV NmMdoc
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