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Project Packet
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ARTICLE 3—CONTRACT DOCUMENTS INTENT <br />AND REUSE <br />lr'tent: <br />3.1. The Contract Documents comprise the enure Ajtree- <br />ment between OWNER and CONTRACTOR concerning the <br />Work. They may be altered only by a Modification <br />3.2. The Contract Documents are complementary: what is <br />called for by one is as binding as if called for by :all. II, during <br />the performance of the A ork, CONTRACTOR finds a con- <br />flict. error or discrepancy in the Contract Documents, he ,hall <br />report it to ENGINEER in writing . t once and before pro- <br />ceeding with the Work affected thereby: 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 Specifications and Drawings to <br />descrioe a complete project (or part [hereof) to he constructed <br />in accordance with the Contract Dtxuments. Airy work that <br />may reasonably be inferred from the Specifications or Draw- <br />ings as being required to produce the intended result ,hall be <br />supplied wheth r or not it is specifically called for. When <br />words which have a well-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 standard specifications, manuals or codes of any <br />technical society, organization or association, or to the code <br />of any governmental authority. whether such reference be <br />specific or by implication, shall mean the latest standard spec- <br />ification, manual or code in effect at the time of opening of <br />Bids (or, on the effective date of the Agreement it there were <br />no Bids). except as may be otherwise specifically stated. <br />However, no provision of any referenced standard %pecifica- <br />;i in, manual or code (whether or not specificall incorporated <br />Is% reference in the Contract Documents( shall change the <br />duties and responsibilities of OWNER. CONTRACTOR or <br />1NGINEER, or any of *heir agents or employees from those <br />set forth in the Contract Documents Clarifications and <br />interpretations of the Contract ^ w:uments shall be issued by <br />ENGINEER as provided for in agraph 9 3 <br />t 3 The Contract Documents will he vo%cined h% the law <br />of the place of the Project <br />Reuse of Documents <br />3 't. Neither CONTRACTOR nor any Subcontractor. <br />manufacturer, fabricator, supplier or distributor shall have or <br />acquire any title to or ownership rights in any of the Draw- <br />ings, Specifications or other documents for copies of an% <br />theneofi prepared by or hearing the seal of ENGINEER. and <br />the% shall not reuse any of them on emi.nsion% of the Project <br />or any other protect without written consent of OWNER and <br />ENGINEER and .Mific written %erificanon or adaptation h% <br />ENGINEER <br />ARTICLE s-AVAILABILITY OF (_ANDS. PHYSICAL <br />CONDITIONS: REFERENCE POINTS <br />.q vailahtfirs, of Lands: <br />l.l. OWNER shall furnish, as indicated in the Contract <br />Dixuments, the lands upon which the µark is it, he per- <br />formed, rights -of -way for access thereto, and such other lands <br />sphich are de-agnated for the use of CONTRACTOR Ease- <br />ments 'or permanent structures or permanent changes in ex- <br />isting facilities wtli he obtained and paid for by OWNER, un- <br />less otherwise provided in the Contract Documents- If CON- <br />TRACTOR bs,.eves that any delay in OWNT-R's furnishing <br />these lands or easements entitles him to an extension of the <br />Contract Time. CONTRACTOR may make a claim therefor <br />as provided in-krucle 12. CONTRACTOR shall pros ide for <br />all additional lands and access thereto that may he required <br />for irmporary :onstruction facilities or storage of materials <br />and equipment <br />Physical Conditions —In vestieations and Reports: <br />4 2. Reference is made to the Supplementary Conditions <br />for identification of those reports of investigations and tests <br />of subsurface and latent physical conditions at the site or <br />otherwise affecti„g :ost, progress or performance of the <br />Nork which have been -lied upon by ENGINEER in prepa- <br />ration of the Drawings and Specifications. Such reports are <br />not guaranteed as to accuracy or completeness and are not <br />part of the Contract Documents. <br />Unforeseen Physical Conditions: <br />4.3. CONTRACTOR shall promptly notify OWNER and <br />ENGINEER in writing of any subsurface or latent physical <br />conditions at the site or in an existing structure differing mate <br />rially from those indicated or referred to in the Contract <br />Documents. ENGINEER will promptly review those condi- <br />tions and advise OWNER in writing if further investigation or <br />iesis are necessc.r% Promptly thereat.er. Mk NE shall obtain <br />the necessary additional investigations and tests and furnish <br />copies to ENGINEER and CONTRACTOR. If ENGINEER <br />finds that the results of such investigations or tests indicate <br />that there are subsurface or latent phvstcal conditions which <br />differ niateriall from those intended in the Contract Docu- <br />ments. and whim couid no( reasonably have been anticipated <br />by CONTRACTOR. a Change Order shall he issued incorpo- <br />rating the necessary revisions <br />Reference Poents: <br />.&4. OWNER shall provide engineering surreys for con- <br />struction to establish reference points which in his juc'q.neni <br />are necessary to enable CONTRACTOR to prone-d with 'he <br />Work CONTRACTOR shall he responsible for laving out the <br />Work tunies% otherwise specified in the General Require <br />memsi. shall protect and preserve the established refer •ncr <br />points and shall make no changes or relocations without the <br />prior written approval of t MNER. CONTRA(- TOR .hail <br />report to ENGINFER whenever anv reference point is Ivsi x <br />destroyed or requires relocation because of necessar% changes <br />in grades or locmions. and shall he •esponsihie for replace <br />
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