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ARTICLE 3—CONTRACT DOCUMENTS: INTENT AR"riCLE 4—AVAIL ABILITY OF LANDS; PHYSICAL
<br />AND REUSE CONDITIONS: REFERENCE POINTS
<br />Intent:
<br />3.1. The Contract Documents comprise the entire Agree-
<br />ment between OWNER and CONTRACTOR concerning :he
<br />Work. They may be altered only by a Modification.
<br />3.2. The Contract Documents are complementaty: what is
<br />called for by one is as binding as if called for by all. If, during
<br />the performance of the Work, CONTRACTOR finds a con-
<br />flict, error or discrepancy in the Contract Documents, he shall
<br />report it to ENGINEER in writing a •nce and before pro-
<br />ceeding with the Work affected thei. ,v; however. CON-
<br />TRACTOR shall not be liable to OWNER or ENGINEER for
<br />failure to report any conflict, error or discrepancy in the
<br />Specifications or Drawings unless CONTRACTOR had
<br />actual knowledge thereof or should reasonably have known
<br />thereof.
<br />3.3. It is the intent of the Specificat,nns and Drawings to
<br />describe a complete pro)cct I or part there. ; to be constructed
<br />in accordance with the Contract Uocuments. Any Wory that
<br />-nay reasonably be inferred from the Sp c, ftcations or Draw -
<br />,,is as Q...i j required to produce the intended result shall be
<br />%tipplied whether c: 1 it is specifically called for. When
<br />words which have a welt -known technical or trade meaning
<br />are used to describe Work, materials or equipment such words
<br />shall be interpreted in accordance with such meaning. Refer-
<br />ence to s(akidard specifications, manuals or coats of any
<br />technical society, orr�ni, ation or association, or to the code
<br />of s governmental authority, whett.er such reference i
<br />or ;a, implication, shall mean the latest standard spec-
<br />ALation, manual or code in effect at the time of opening of
<br />Bids (or, on the effective date of the ,Agreement if there were
<br />no Bids). except as may be ot'.erwise specifically stated.
<br />However, no provision of any referenced standard spec.ftca-
<br />t, _r. manual or code (whether or n n specifically it srpvrated
<br />vy -*t ,rrnce in the Contract Documents) sha. ee the
<br />h:ttrs and responsibilities of OWNER. CONTE itiR or
<br />ENGINEER, or any of their aaznts or e-iployees from those
<br />set forth in the Contract Documents Clarirkations an.l
<br />interprctatinns of the Contract Docur. _nts shall be issued by
<br />ENGINEER a provided i • in paragraph 9 3
<br />t 4 The Contract Documents will be joy erne t• IN
<br />�f the place of the Pro)er
<br />Reuse a NX-uments.
<br />3 j Nether CON -PAL .OP, nor any Subcontractor.
<br />manufacturer, fabncarar..upplt.i it distributor shall have or
<br />acquire any title o or ownership rights in any if the Draw-
<br />ing. Specifications or other doLumentot nor copies of any
<br />thereof) preparitJ by tr bearing the senl or EN61N ER. and
<br />,hey shall nof reuse anv of th-m on eitenstor of the Prsiect
<br />or at other protect withou. written ;onwnt of OWNER and
<br />ENGINEER and specific wrtieri veriftt on .ir ad.ptauun t v
<br />ENGINEER
<br />Availability of Lands:
<br />4.1. OWNER shall furnish, as indicated in the Contract
<br />Document,. the lands u, )n which the Work is to be per-
<br />fn••ned, rights -of -way for access thereto, and such other lands
<br />are eesignated for the use of CONTRACTOR. Ease-
<br />nice.ts for permanent structures or permanent changes in ex-
<br />isting facilities wit! be obtained and paid for by OWNER, un-
<br />less otherwise provided in the Contract Documents. If CON-
<br />TRACTOR believes that any delay in OWNER's furnishing
<br />these lands or easements --icicles him to an extension of the
<br />Contract Time CONTRAC. rOR may make a claim therefor
<br />as provided in Article 12. CONTRACTOR shall provide for
<br />all additional lauds and ac -ss thereto that may be required
<br />f,)r temoorary construction facilities or , )rage of materials
<br />and e. j, -tent.
<br />•vstcal Conditions —Investigations ana R,.porrr:
<br />Reference is made to the Supplementary Conditions
<br />.r identification of e reports of investigations and tests
<br />of subsu face and latent physical conditions at the sue or
<br />otherwise affecting cost, r1rogress or performance of the
<br />Work which have been relied upon by V-GINEER in prepa.
<br />ration of the Drawing, and Spwifications. Such sports ar-
<br />no( guarar,!eed as i j accuracy or completeness and are not
<br />part of the Con,.act Lt--rmer•••
<br />690%reseen Phyrtcal Condition:
<br />4.3 CONTRACTOR sha ! �romptiy nobly OWNER and
<br />ENGINE R in ..sting of any subsurface or latent physical
<br />condition i. the site or in an existing structure difftr:ng mate.
<br />rially from those indicated or referred to in +he Contract
<br />Docutisr ts. ENGINEER will prot..pily a ie.. those cor.:i-
<br />tions ano advise OWNER in writing if furtw ,a-estitilta.Jon or
<br />tests are necestarti Promptly thereafter. OW' DER shall obtain
<br />the necessary ad•'• •nal investigations ann tests and fu-nish
<br />copies to ENGINEER :.nd CONTRACTTOR. if ENGINEER
<br />finds that the results of such irtcestigativns or tests indicate
<br />that there are subsurface _r fat:nt phyisca..nndit►ons which
<br />differ materially from those intended in the Can Docu-
<br />n. tnta, and which could not rease tably have beer apated
<br />by CC 'R ACTOR, a Change Order sh. " be tssued incorpo-
<br />rating!he noses, tie recisions
<br />Referent '4otnts
<br />44 OW NhR shah provide en{ catering ..t cevs for ; >ti•
<br />structuor, to estauiish reference :etnt; wnwit ... his )uds
<br />are necessat, -nabse CONTRACTOR to prose--1 with hr
<br />Wor. CC ,.-TOR ,hail be rmponsibie for lad ing o:i the
<br />Work ius -rwoye spaified in the Genera, rtvquii-•
<br />mentsl, sh. ,ect tiA preserve the established reference
<br />points and shall makit ao caanges )r relocations without ih#-
<br />privt carmen app-oval of O.W %LR CONTRACTOR
<br />report to ENGINEER whenever anv reference point .- !ost .
<br />Jestroved or equires relocation because .)r ne_essar% :hang•y
<br />n grades of locations, and shall he-esponst' repir';e
<br />a
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