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<br />)
<br />
<br />except as may be otherwise specifically Sl<lted in the
<br />Contract Documents.
<br />
<br />2, No provision of any such sWldard, 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 shall
<br />any such provic;ioo or insuuction be effective to assign to
<br />OWNER, ENGINEER, or any of ENGINEER's
<br />Consultants, agents, or employees any duty or authority
<br />to supervise or direct the perfonnance of the Work or any
<br />duty or authority to undertake responsibility i.nconsistent
<br />with the provisions of the Contract Documents.
<br />
<br />3.03 Reponing af/d Resolving Discrepancies
<br />
<br />A. Reporting Discrepancies
<br />
<br />1. If, during the performance of the Work,
<br />CONTRACTOR discovers any conflict, error, ambiguity,
<br />or discrepancy within !be Contract Documents or between
<br />the Contract Documents and any provision of any Law or
<br />Regulation applicable to the perfonnance of the Work or
<br />of any standard, specification, manual or code, or of any
<br />insauction of any Supplier, CONTRACTOR shall report
<br />it to ENGINEER in writing at once. CONTRACTOR
<br />shall not proceed with !be Work affected thereby (except
<br />in an emergency as required by paragraph 6.16.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; provided, however. that CONTRACTOR
<br />shall not be liable to OWNER or ENGINEER for failure
<br />to report any such ronflict. error, ambiguity, or dis-
<br />crepancy unless CONTRACTOR knew or reasonably
<br />should have known.thereof.
<br />
<br />B. Resolving Discrepancies
<br />
<br />1. Except as may be otherwise specifically sl<lted 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 />
<br />a. the provisions of any standard, specification,
<br />manual, code, or instniction (whether or not specifi-
<br />cally incorporated by reference in the Contract
<br />Documents); or
<br />
<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 such
<br />Law or Regulation).
<br />
<br />3.04 Amending and Supplementing Contract Docwnents
<br />
<br />A. The Contract Docunlents may be amended to provide
<br />for additions, deletions, and revisions in the Work or to
<br />modify the terms and conditions thereof in ODe or more of the
<br />fol1owing ways: (i) a Written Amendment; (ii) a Change
<br />Order; or (iii) a Work Change Directive.
<br />
<br />B. The requirements of the Contract Documents may be
<br />supplemented, and minor variations and deviations in the
<br />Work may be authorized, by one or more of the following
<br />ways: (i) a Field Order; (ii) ENGINEER's approval of a
<br />Shop Drawing or Sample; or (iii) ENGINEER's written
<br />intcf}Jrel<ltion or clarification.
<br />
<br />3.05 Reuse of Documents
<br />
<br />A. CONTRACTOR and any Subcontractor or Supplier
<br />or other individual or entity performing or furnishing any of
<br />the Work under a direct or indirect rootract with OWNER:
<br />(i) shall not have or acquire any title to or ownership rights
<br />in any of the Drawings, Specifications, or other documents
<br />(or copies of any thereof) prepared by or bearing the seal of
<br />ENGINEER or ENGINEER's Consultant, including
<br />electronic media editions; and (ii) shall not reuse any of such
<br />Drawings, Specifications, other documents, or copies thereof
<br />on extensions of the Project or any other project without
<br />written consent of OWNER and ENGINEER and specific
<br />written verification or adaption by ENGINEER. TIlis
<br />prohibition will survive final payment, rompletioo, and
<br />acceptance of the Work, or termination or rompletion of the
<br />Contract. Nothing herein shall preclude CONTRACTOR
<br />from retaining copies of the Contract Documents for record
<br />purposes.
<br />
<br />ARTICLE 4 - A V AILABlLITY OF LANDS;
<br />SUBSURFACE AND'PHYSICAL CONDmONS;
<br />REFERENCE POINTS
<br />
<br />4.01 AvaiWbility afLands
<br />
<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
<br />with which CONTRACTOR must comply in performing the
<br />Work. OWNER will obtain in a timely manner and pay for
<br />easements for permanent structures or permanent changes in
<br />existing facilities. If CONTRAcrOR and OWNER are
<br />una!?le to agree on entitlement to or on the amount or extent.
<br />if ~, of any adjustment in the Contract Price or Contract
<br />Times, or both, as a result of any delay in OWNER's
<br />furnishing the Site, CONTRACTOR may make a Claim
<br />therefor as provided in paragraph 10.05.
<br />
<br />00700 -11
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