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<br />except as may be otherwise specifically stated in the
<br />Contract Documents.
<br />
<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 arty 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 performaIICC of the Work or any
<br />duty or authority to undertake responsibility inconsistent
<br />with the provisions of the Contract Documents.
<br />
<br />3.03 Reporting and 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 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, spcc~cationtmanual or code, or of any
<br />instruction of any SUpplier, CONTRACTOR shall report
<br />it to ~NGINEER 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 />
<br />B. Resolving Discrepancies
<br />
<br />1. Except as may be otherwise specifically stated in
<br />the COD:tract Documents, the provisions of the Contract .
<br />Documents shall take precedence in resolving any
<br />contlict, 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 instruction (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 Documents
<br />
<br />. A. The Contract Documents may be amended to provide
<br />for additions, deletions, and revisions in. the Work or to
<br />modify the tenns 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 />
<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 />
<br />3.05 Reuse oj 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 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 fmal paymeilt;. 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 />
<br />ARTICLE 4 - A V A.1LAB1UTY OF LANDS;
<br />SUBSURFACE AND PHYSICAL CONDITIONS;
<br />REFERENCE POINTS
<br />
<br />4.01 Availability oj Lands
<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 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 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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