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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 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 (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) a
<br /> effective to change the duties or responsibilities of Field Order; (ii) ENGINEER's approval of a Shop 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 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 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
<br /> affected thereby (except in an emergency as required AND PHYSICAL CONDITIONS ; REFERENCE POINTS
<br /> by paragraph 6. 16.A) unfit 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 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 pennanent 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, 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 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 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 /> 00700 General Conditions (E1CDC).doc
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