<br />1. The Progress Schedule will be acceptable to
<br />Engineer if it provides an orderly progression of the Work
<br />to completion within the Contract Times. Such acceptance
<br />will not impose on Engineer responsibility for the
<br />Progress Schedule, for sequencing, scheduling, or
<br />progress of the Work nor interfere with or relieve
<br />Contractor from Contractor's full responsibility therefor.
<br />
<br />2. Contractor's Schedule of Submittals will be
<br />acceptable to Engineer if it provides a workable
<br />arrangement for reviewing and processing the required
<br />submittals.
<br />
<br />3. Contractor's Schedule of Values will be
<br />acceptable to Engineer as to form and substance if it
<br />provides a reasonable allocation of the Contract Price to
<br />component parts of the Work.
<br />
<br />ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
<br />AMENDING, REUSE
<br />
<br />3.01 Intent
<br />
<br />A. The Contract Documents are complementary;
<br />what is required by one is as binding as if required by all.
<br />
<br />B. It is the intent of the Contract Documents to
<br />describe a functionally complete Project (or part thereof)
<br />to be constructed in accordance with the Contract Docu-
<br />ments. Any labor, documentation, services, materials, or
<br />equipment that may reasonably be inferred from the
<br />Contract Documents or from prevailing custom or trade
<br />usage as being required to produce the intended result will
<br />be provided whether or not specifically called for at no
<br />additional cost to Owner.
<br />
<br />C. Clarifications and interpretations of the
<br />Contract Documents shall be issued by Engineer as
<br />provided in Article 9.
<br />
<br />3.02 Reference Standards
<br />
<br />A. Standards, Specifications, Codes, Laws, and
<br />Regulations
<br />
<br />1: Reference to standards, specifications,
<br />manuals, or codes of any technical society, organization,
<br />or association, or to Laws or Regulations, whether such
<br />reference be specific or by implication, shall mean the
<br />standard, specification, manual, code, or Laws or Regula-
<br />tions in effect at the time of opening of Bids (or on the
<br />Effective Date of the Agreement if there were no Bids),
<br />except as may be otherwise specifically stated in the
<br />Contract Documents.
<br />
<br />2. No provision of any such standard,
<br />specification, manual or code, or any instruction of a
<br />
<br />Supplier shall be effective to change the duties or
<br />responsibilities of Owner, Contractor, or Engineer, or any
<br />of their subcontractors, consultants, agents, or employees
<br />from those set forth in the Contract Documents. No such
<br />provision or instruction shall be effective to assign to
<br />Owner, or Engineer, or any of, their Related Entities, any
<br />duty or authority to supervise or direct the performance of
<br />the Work or any duty or authority to undertake respon-
<br />sibility 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 Documents
<br />Before Starting Work: Before undertaking each part of the
<br />Work, Contractor shall carefully study and compare the
<br />Contract Documents and check and verify pertinent
<br />figures therein and all applicable field measurements.
<br />Contractor shall promptly report in writing to Engineer
<br />any conflict, error, ambiguity, or discrepancy which
<br />Contractor may discover and shall obtain a written
<br />interpretation or clarification from Engineer before
<br />proceeding with any Work affected thereby.
<br />
<br />2. Contractor's Review of Contract Documents
<br />During Performance of Work: If, during the performance
<br />of the Work, Contractor discovers any conflict, error,
<br />ambiguity, or discrepancy within the Contract Documents
<br />or between the Contract Documents and any provision of
<br />any Law or Regulation applicable to the performance of
<br />the Work or of any standard, specification, manual or
<br />code, or of any instruction of any Supplier, Contractor
<br />shall promptly report it to Engineer in writing. Contractor
<br />shall not proceed with the Work affected thereby (except
<br />in an emergency as required by Paragraph 6.l6.A) until
<br />an amendment or supplement to the Contract Documents
<br />has been issued by one of the methods indicated in
<br />Paragraph 3.04.
<br />
<br />3. Contractor shall not be liable to Owner or
<br />Engineer for failure to report any conflict, error, ambigu-
<br />ity, or discrepancy in the Contract Documents unless
<br />Contractor knew or reasonably should have known
<br />thereof.
<br />
<br />B. Resolving Discrepancies
<br />
<br />1. Except as may be otherwise specifically stated
<br />in the Contract Documents, the provisions of the Contract
<br />Documents shall take precedence in resolving any
<br />conflict, error, ambiguity, or discrepancy between the
<br />provisions of the Contract Documents and:
<br />
<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 />
<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 - 10
<br />
|