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2009-280
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2009-280
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Last modified
3/7/2022 3:11:30 PM
Creation date
10/5/2015 9:04:39 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/06/2009
Control Number
2009-280
Agenda Item Number
8.L.
Entity Name
Masci Corporation
Subject
Potable Water Main 77th. Street
Area
77th St.
Project Number
UCP 3086
Bid Number
2009064
Supplemental fields
SmeadsoftID
8783
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3. Contractor shall not be liable to Owner or <br />Engineer for failure to report any conflict, error, <br />ambiguity, or discrepancy in the Contract Documents <br />unless Contractor knew or reasonably should have <br />known thereof. <br />B. Resolving Discrepancies <br />1. Except as may be otherwise specifically stated in <br />the Contract Documents, the provisions of the <br />Contract Documents shall take precedence in <br />resolving any conflict, error, ambiguity, or discrepan- <br />cy between the provisions of the Contract Documents <br />and: <br />a_ the provisions of any standard, specification, <br />manual, code, or instruction (whether or not <br />specifically incorporated by reference in the <br />Contract Documents); or <br />b. the provisions of any Laws or Regulations <br />applicable to the performance of the Work <br />(unless such an interpretation of the provisions <br />of the Contract Documents would result in viola- <br />tion of such Law or Regulation). <br />3.04 Amending and Supplementing Contract <br />Documents <br />A. The Contract Documents may be amended to provide <br />for additions, deletions, and revisions in the Work or to <br />modify the terms and conditions thereof by either a <br />Change Order or a Work Change Directive. <br />B. The requirements of the Contract Documents may be <br />supplemented and minor variations and deviations in the <br />Work may be authorized, by one or more of the following <br />ways: <br />1. A Field Order; <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 />3. Engineer's written interpretation or clarification <br />3.05 Reuse of Documents <br />2. reuse any of such Drawings, Specifications, <br />other documents, or copies thereof on extensions of <br />the Project or any other project without written <br />consent of Owner and Engineer and specific written <br />verification or adaption by Engineer. <br />B. The prohibition of this Paragraph 3.05 will survive <br />final payment, or termination of the Contract. Nothing <br />herein shall preclude Contractor from retaining copies of <br />the Contract Documents for record purposes. <br />3.06 Electronic Data <br />A. Copies of data furnished by Owner or Engineer to <br />Contractor or Contractor to Owner or Engineer that may <br />be relied upon are limited to the printed copies (also <br />known as hard copies). Files in electronic media format of <br />text, data, graphics, or other types are furnished only for <br />the convenience of the receiving party. Any conclusion or <br />information obtained or derived from such electronic files <br />will be at the user's sole risk. If there is a discrepancy <br />between the electronic files and the hard copies, the hard <br />copies govern. <br />B. Because data stored in electronic media format can <br />deteriorate or be modified inadvertently or otherwise <br />without authorization of the data's creator, the party <br />receiving electronic files agrees that it will perform <br />acceptance tests or procedures within 60 days, after which <br />the receiving party shall be deemed to have accepted the <br />data thus transferred. Any errors detected within the 60 - <br />day acceptance period will be corrected by the <br />transferring party. <br />C. When transferring documents in electronic media <br />format, the transferring party makes no representations as <br />to long term compatibility, usability, or readability of <br />documents resulting from the use of software application <br />packages, operating systems, or computer hardware <br />differing from those used by the data's creator. <br />ARTICLE 4 - AVAILABILITY OF LANDS; <br />SUBSURFACE AND PHYSICAL CONDITIONS; <br />HAZARDOUS ENVIRONMENTAL CONDITIONS; <br />REFERENCE POINTS <br />A. Contractor and any Subcontractor or Supplier or other 4.01 Availability of Lands <br />individual or entity performing or furnishing all of the A. Owner shall furnish the Site. Owner shall notify <br />Work under a direct or indirect contract with Contractor, Contractor of any encumbrances or restrictions not of <br />shall not: general application but specifically related to use of the <br />Site with which Contractor must comply in performing <br />1. have or acquire any title to or ownership rights in the Work. Owner will obtain in a timely manner and pay <br />any of the Drawings, Specifications, or other for easements for permanent structures or permanent <br />documents (or copies of any thereof) prepared by or changes in existing facilities. If Contractor and Owner are <br />bearing the seal of Engineer or Engineer's unable to agree on entitlement to or on the amount or <br />consultants, including electronic media editions; or extent, if any, of any adjustment in the Contract Price or <br />Contract Times, or both, as a result of any delay in <br />Owner's furnishing the Site or a part thereof, Contractor <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 />
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