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any duty or authority to undertake responsibility thereof) prepared by or bearing the seal of ENGINEER or inconsistent with the provisions of the Contract ENGINEER's Consultant, including electronic media editions; Documents . and (ii) shall not reuse any of such Drawings, Specifications, other documents , or copies thereof on extensions of the Project 3. 03 Reporting and Resolving Discrepancies or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by A. Reporting Discrepancies ENGINEER. This prohibition will survive final payment, ' completion, and acceptance of the Work, or termination or 1 . If, during the performance of the Work, completion of the Contract Nothing herein shall preclude CONTRACTOR discovers any conflict, error, ambiguity, CONTRACTOR from retaining copies of the Contract or discrepancy within the Contract Documents or Documents for record purposes . ' between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification , manual or ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND code, or of any instruction of any Supplier, CONTRAC- PHYSICAL CONDITIONS; REFERENCE POINTS ' TOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required 4.01 Availability of Lands by paragraph 6. 16.A) until an amendment or supple- ment to the Contract Documents has been issued by A. OWNER shall furnish the Site. OWNER shall notify one of the methods indicated in paragraph 3.04; provid- CONTRACTOR of any encumbrances or restrictions not of ed, however, that CONTRACTOR shall not be liable to general application but specifically related to use of the Site with OWNER or ENGINEER for failure to report any such which CONTRACTOR must comply in performing the Work. conflict, error, ambiguity, or discrepancy unless CON- OWNER will obtain in a timely manner and pay for easements TRACTOR knew or reasonably should have known for permanent structures or permanent changes in existing thereof. facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any B. Resolving Discrepancies adjustment in the Contract Price or Contract Times, or both, as ' a result of any delay in OWNER's furnishing the Site, 1 . Except as may be otherwise specifically stated in CONTRACTOR may make a Claim therefore as provided in the Contract Documents, the provisions of the Contract paragraph 10.05. Documents shall take precedence in resolving any ' conflict, error, ambiguity, or discrepancy between the B. Upon reasonable written request, OWNER shall provisions of the Contract Documents and: furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to a. the provisions of any standard, specification, be performed and OWNER's interest therein as necessary for 1 manual, code, or instruction (whether or not specifi- giving notice of or filing a mechanic's or construction lien against cally incorporated by reference in the Contract such lands in accordance with applicable Laws and Regula- Documents); or tions . b. the provisions of any Laws or Regulations C. CONTRACTOR shall provide for all additional lands applicable to the performance of the Work (unless and access thereto that may be required for temporary such an interpretation of the provisions of the construction facilities or storage of materials and equipment. Contract Documents would result in violation of such Law or Regulation). 4.02 Subsurface and Physical Conditions 3. 04 Amending and Supplementing Contract Documents A. Reports and Drawings: The Supplementary ' A. The Contract Documents may be amended to provide Conditions identify: for additions, deletions, and revisions in the Work or to modify 1 .those reports of explorations and tests of the terms and conditions thereof in one or more of the following subsurface conditions at or contiguous to the Site that ways: (i) a Written Amendment; (ii) a Change Order, or (iii) a ENGINEER has used in preparing the Contract Docu- Work Change Directive. ments; and B. The requirements of the Contract Documents may be 2. those drawings of physical conditions in or relat- supplemented, and minor variations and deviations in the Work ing to existing surface or subsurface structures at or ' may be authorized, by one or more of the following ways: (i) a contiguous to the Site (except Underground Facilities) Field Order, (ii) ENGINEER's approval of a Shop Drawing or that ENGINEER has used in preparing the Contract Sample; or (iii) ENGINEER's written interpretation or darifi- Documents . cation. B. Limited Reliance by CONTRACTOR on Technical • 3.05 Reuse of Documents Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and A. CONTRACTOR and any Subcontractor or Supplier or drawings , but such reports and drawings are not Contract Docu- ' other individual or entity performing or furnishing any of the ments. Such "technical data" is identified in the Supplementary Work under a direct or indirect contract with OWNER: (i) shall Conditions. Except for such reliance on such "technical data," not have or acquire any title to or ownership rights in any of the CONTRACTOR may not rely upon or make any Claim against Drawings, Specifications, or other documents (or copies of any ' 6706-38392\8/20/03 1 00700-9 VRB