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3.02 Reference Standards
<br />A. Standards, Specifications, Codes, Laws, and
<br />Regulations
<br />I. Reference to standards, specifications, manuals,
<br />or codes of any technical society, organization, or
<br />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
<br />Regulations in effect at the time of opening of Bids (or
<br />on the Effective Date of the Agreement if there were no
<br />Bids), except as may be otherwise specifically stated in
<br />the Contract Documents.
<br />2 -No provision of any such standard, specification,
<br />manual or code, or any instruction of a Supplier shall be
<br />effective to change the duties or responsibilities of
<br />OWNER, CONTRACTOR, or ENGINEER, or any of
<br />their subcontractors, consultants, agents, or employees
<br />from those set forth in the Contract Documents, nor
<br />shall any such provision or instruction be effective to
<br />assign to OWNER, ENGINEER, or any of ENGINEER's
<br />Consultants, agents, or employees any duty or authority
<br />to supervise or direct the performance of the Work or
<br />any duty or authority to undertake responsibility
<br />inconsistent with the provisions of the Contract
<br />Documents.
<br />3.03 Reporting and Resolving Discrepancies
<br />A. Reporting Discrepancies
<br />t.lf, during the performance of the Work,
<br />CONTRACTOR discovers any conflict, error, ambiguity,
<br />or discrepancy within the Contract Documents or
<br />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, CONTRAC-
<br />TOR shall report it to ENGINEER in writing at once.
<br />CONTRACTOR shall not proceed with the Work
<br />affected thereby (except in an emergency as required
<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-
<br />ed, however, that CONTRACTOR shall not be liable to
<br />OWNER or ENGINEER for failure to report any such
<br />conflict, error, ambiguity, or discrepancy unless CON-
<br />TRACTOR knew or reasonably should have known
<br />thereof.
<br />B. Resolving Discrepancies
<br />1. Except as may be otherwise specifically stated in
<br />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 />a. the provisions of any standard, specification,
<br />manual, code, or instruction (whether or not specifi-
<br />cally incorporated by reference in the Contract
<br />Documents); or
<br />b. the provisions of any Laws or Regulations
<br />applicable to the performance of the Work (unless
<br />such an interpretation of the provisions of the
<br />Contract Documents would result in violation of
<br />such Law or Regulation).
<br />3.04 Amending and Supplementing Contract Documents
<br />A. The Contract Documents may be amended to provide
<br />for additions, deletions, and revisions in the Work or to modify
<br />the terms and conditions thereof in one or more of the following
<br />ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a
<br />Work Change Directive.
<br />B. The requirements of the Contract Documents may be
<br />supplemented, and minor variations and deviations in the Work
<br />may be authorized, by one or more of the following ways: (i) a
<br />Field Order; (ii) ENGINEER's approval of a Shop Drawing or
<br />Sample; or (iii) ENGINEER's written interpretation or clarifi-
<br />cation.
<br />3.05 Reuse of Documents
<br />A. CONTRACTOR and any Subcontractor or Supplier or
<br />other individual or entity performing or furnishing any of the
<br />Work under a direct or indirect contract with OWNER: (i) shall
<br />not have or acquire any title to or ownership rights in any of the
<br />Drawings, Specifications, or other documents (or copies of any
<br />thereof) prepared by or bearing the seal of ENGINEER or
<br />ENGINEER's Consultant, including electronic media editions;
<br />and (ii) shall not reuse any of such Drawings, Specifications,
<br />other documents, or copies thereof on extensions of the Project
<br />or any other project without written consent of OWNER and
<br />ENGINEER and specific written verification or adaption by
<br />ENGINEER. This prohibition will survive final payment,
<br />completion, and acceptance of the Work, or termination or
<br />completion of the Contract. Nothing herein shall preclude
<br />CONTRACTOR from retaining copies of the Contract
<br />Documents for record purposes.
<br />ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE
<br />AND PHYSICAL CONDITIONS; REFERENCE POINTS
<br />4.01 Availability of Lands
<br />A. OWNER shall furnish the Site. OWNER shall notify
<br />CONTRACTOR of any encumbrances or restrictions not of
<br />general application but specifically related to use of the Site with
<br />which CONTRACTOR must comply in performing the Work.
<br />OWNER will obtain in a timely manner and pay for easements
<br />for permanent structures or permanent changes in existing
<br />facilities. If CONTRACTOR and OWNER are unable to agree
<br />on entitlement to or on the amount or extent, if any, of any
<br />adjustment in the Contract Price or Contract Times, or both, as
<br />a result of any delay in OWNER's furnishing the Site,
<br />CONTRACTOR may make a Claim therefore as provided in
<br />paragraph 10.05.
<br />B. Upon reasonable written request, OWNER shall
<br />furnish CONTRACTOR with a current statement of record legal
<br />title and legal description of the lands upon which the Work is to
<br />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
<br />GIbOIrE1
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