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r <br /> 3 .02 Reference Standards b. the provisions of any Laws or Regulations <br /> applicable to the performance of the Work (unless <br /> A. Standards, Specifications, Codes, Laws, and such an interpretation of the provisions of the <br /> Regulations Contract Documents would result in violation of <br /> such Law or Regulation). <br /> 1 . Reference to standards , specifications , manuals , <br /> or codes of any technical society, organization, or 3 . 04 Amending and Supplementing Contract Documents <br /> association , or to Laws or Regulations , whether such <br /> reference be specific or by implication , shall mean the A. The Contract Documents may be amended to provide <br /> standard , specification , manual, code, or Laws or for additions , deletions, and revisions in the Work or <br /> to modify <br /> Regulations in effect at the time of opening of Bids (or the terms and conditions thereof in one or more of the following <br /> on the Effective Date of the Agreement if there were no ways : (i) a Written Amendment; (ii ) a Change Order; or <br /> (iii ) a <br /> Bids), except as may be otherwise specifically stated in Work Change Directive. <br /> the Contract Documents . <br /> B. The requirements of the Contract Documents may be <br /> 2. No provision of any such standard , specification, supplemented , and minor variations and deviations in the Work <br /> manual or code, or any instruction of a Supplier shall be may be authorized, by one or more of the following ways : (i) <br /> a <br /> effective to change the duties or responsibilities of Field Order; (ii) ENGINEER's approval of a Shop <br /> Drawing or <br /> OWNER, CONTRACTOR, or ENGINEER, or any of Sample; or (iii) ENGINEER's written interpretation or clarifi- <br /> their subcontractors, consultants , agents, or employees cation. <br /> from those set forth in the Contract Documents, nor <br /> shall any such provision or instruction be effective to 3. 05 Reuse of Documents <br /> assign to OWNER, ENGINEER, or any of ENGINEER's <br /> Consultants, agents , or employees any duty or authority A. CONTRACTOR and any Subcontractor or Supplier or <br /> to supervise or direct the performance of the Work or other individual or entity performing or furnishing any <br /> of the <br /> any duty or authority to undertake responsibility Work under a direct or indirect contract with OWNER: (i ) shall <br /> inconsistent with the provisions of the Contract not have or acquire any title to or ownership rights in any of the <br /> Documents . Drawings , Specifications, or other documents (or copies of any <br /> thereof) prepared by or bearing the seal of ENGINEER or <br /> 3 .03 Reporting and Resolving Discrepancies ENGINEER's Consultant, including electronic media editions ; <br /> and (ii ) shall not reuse any of such Drawings , Specifications, <br /> A. Reporting Discrepancies other documents , or copies thereof on extensions of the Project <br /> or any other project without written consent of OWNER and <br /> 1 . If, during the performance of the Work, ENGINEER and specific written verification or adaption by <br /> CONTRACTOR discovers any conflict, error, ambiguity, ENGINEER. This prohibition will survive final payment, <br /> or discrepancy within the Contract Documents or completion, and acceptance of the Work, or <br />termination or <br /> between the Contract Documents and any provision of completion of the Contract. Nothing herein shall preclude <br /> any Law or Regulation applicable to the performance of CONTRACTOR from retaining copies of the Contract <br /> the Work or of any standard , specification, manual or Documents for record purposes. <br /> code, or of any instruction of any Supplier, CONTRAC- <br /> TOR shall report it to ENGINEER in writing at once. <br /> CONTRACTOR shall not proceed with the Work ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND <br /> affected thereby (except in an emergency as required PHYSICAL CONDITIONS ; REFERENCE POINTS <br /> by paragraph 6. 16.A) until an amendment or supple- <br /> ment to the Contract Documents has been issued by <br /> one of the methods indicated in paragraph 3 .04; provid- 4 . 01 Availability of Lands <br /> ed, however, that CONTRACTOR shall not be liable to <br /> OWNER or ENGINEER for failure to report any such A. OWNER shall furnish the Site. OWNER shall notify <br /> conflict, error, ambiguity, or discrepancy unless CON- CONTRACTOR of any encumbrances or restrictions not <br /> of <br /> TRACTOR knew or reasonably should have known general application but specifically related to use of the Site with <br /> thereof. which CONTRACTOR must comply in performing the Work. <br /> OWNER will obtain in a timely manner and pay for easements <br /> B . Resolving Discrepancies for permanent structures or permanent changes in existing <br /> facilities . If CONTRACTOR and OWNER are unable to agree <br /> 1 . Except as may be otherwise specifically stated in on entitlement to or on the amount or extent, if any, <br /> of any <br /> the Contract Documents , the provisions of the Contract adjustment in the Contract Price or Contract Times, or both, as <br /> Documents shall take precedence in resolving any a result of any delay in OWNER's furnishing <br /> the Site, <br /> conflict, error, ambiguity, or discrepancy between the CONTRACTOR may make a Claim therefore as provided in <br /> provisions of the Contract Documents and: paragraph 10.05. <br /> a. the provisions of any standard , specification, B . Upon reasonable written request, OWNER shall <br /> manual , code, or instruction (whether or not specifi- furnish CONTRACTOR with a current statement of record legal <br /> cally incorporated by reference in the Contract title and legal description of the lands upon which the Work <br /> is to <br /> Documents); or be performed and OWNER's interest therein as necessary for <br /> giving notice of or filing a mechanic's or construction lien against <br /> r <br /> r00700 - 9 <br />