HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 5482 ASPHALT OVERLAY PROJECT 2000 (26)I
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3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation)
13 4 In the event of conflicting or ambiguous
provisions within the Contract Documents
§ ecifications will take precedence over the drawings
anti addenda will take precedence over both
NoLwithstandmg the foregoing the more specific
provision will take precedence over the less specific,
the more stringent well take precedence over the less
stringent• the more expensive item will take
precedence over the less expensive On all drawings,
fires take precedence over scaled dimensions
Scaling of dimensions if done, is done at the
CONTRACTOR'S own risk
No provision of any such standard, specification, manual,
code cr instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Docurents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents
or employees any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9 13 or any other provision of the
Contract Documents.
3.4 Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or
the adjectives "reasonable", "suitable", "acceptable",
"proper" or "satisfactory" or adjectives of like effect or
import are used to describe a requirement, direction,
review or judgment of ENGINEER as to the Work, it is
intended that such requirement, direction, review or
judgment will be solely to evaluate, in general, the
completed Work for compliance with the requirements of
and information in the Contract Documents and
conformance with the design concept of the completed
Project as a functioning whole as shown or indicated in
the Contract Documents (unless there is a specific
statement indicating otherwise) The use of any such term
or adjective shall not be effective to assign to ENGINEER
any duty or authority to supervise or direct the furnishing
or performance of the Work or any duty or authority to
underlake responsibility contrary to the provisions of
paragraph 9 13 or any other provision of the Contract
Documents.
Amending and Supplementing Contract Documents:
3 5 The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3 5.1. a formal Written Amendment,
3 5.2. a Change Order (pursuant to paragraph 10.4),
or
3.5.3 a Work Change Directive (pursuant to
paragraph 10.1).
36, In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways.
3 6 1 A Field Order (pursuant to paragraph 9 5),
3 6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3 6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4 1 OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of-way and easements for access thereto,
and such other lands which are designated for the use of
CONTRACTOR Derr—rea a written Feauest.
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OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
landseso furnished with which CONTRACTOR will have
to comply in performing the Work Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER'S furnishing these lands, nghts-of-
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles I and 12.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)