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1 <br />i <br />1 <br />except as may be otherwise specifically stated in the <br />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 shall <br />any such provision or instruction 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 performance of the Work or any <br />duty or authority to undertake responsibility inconsistent <br />with the provisions of the Contract Documents. <br />3.03 Reporting and Resolving Discrepancies <br />A. Reporting Discrepancies <br />1. If, during the performance of the Work, <br />CONTRACTOR discovers any conflict, error, ambiguity, <br />or discrepancy within the Contract Documents or between <br />the Contract Documents and any provision of any Law or <br />Regulation applicable to the performance of the Work or <br />of any standard, specification, manual or code, or of any <br />instruction of any Supplier, CONTRACTOR shall report <br />it to ENGINEER in writing at once. CONTRACTOR <br />shall not proceed with the 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 conflict, error, ambiguity, or dis- <br />crepancy unless CONTRACTOR knew or reasonably <br />should have known- 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 such <br />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 <br />modify the terms and conditions thereof in one or more of the <br />following ways: (i) a Written Amendment; (ii) a Change <br />Order; or (iii) a Work Change Directive. <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 />interpretation or clarification. <br />3.05 Reuse of Documents <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 contract 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. This <br />prohibition will survive final payment, completion, and <br />acceptance of the Work, or termination or completion of the <br />Contract. Nothing herein shall preclude CONTRACTOR <br />from retaining copies of the Contract Documents for record <br />Purposes. <br />ARTICLE 4 - AVAILABII-ITl' OF LANDS; <br />SUBSURFACE AND PHYSICAL CONDITIONS; <br />REFERENCE POINTS <br />4.01 AvailabilifY 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 <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 m <br />existing facilities. If CONTRACTOR and OWNER are <br />unable to agree on entitlement to or on the amount or extent, <br />if any, of any adjustment in the Contract Price or Conte <br />Times, or both, as a result of any delay inOWNER�'s <br />furnishing the Site, CONTRACTOR may <br />therefor as provided in paragraph 10.05. <br />00700-11 <br />