Laserfiche WebLink
4.05 Reference Points <br />A. OWNER shall provide engineering surveys to <br />establish reference points for construction which in <br />ENGINEER's judgment are necessary to enable <br />CONTRACTOR to proceed with the Work. CON- <br />TRACTOR shall be responsible for laying out the <br />Work, shall protect and preserve the established <br />reference points and property monuments and shall <br />make no changes or relocations without the prior <br />written approval of OWNER CONTRACTOR shall <br />report to ENGINEER whenever any reference point or <br />property monument is lost or destroyed or requires <br />relocation because of necessary changes in grades or <br />locations, and shall be responsible for the accurate <br />replacement or relocation of such reference points or <br />property monuments by professionally qualified <br />personnel. <br />4.06 Hazardous Environmental Condition at Site <br />A. Reports and Drawings: Reference is made to <br />the Supplementary Conditions for the identification of <br />those reports and drawings relating to a Hazardous <br />Environmental Condition identified at the Site, if any, <br />that have been utilized by the ENGINEER in the <br />preparation of the Contract Documents. <br />B. Limited Reliance by CONTRACTOR on <br />Technical Data Authorized: CONTRACTOR may rely <br />u pon the general accuracy of the "technical data" <br />contained in such reports and drawings, but such <br />reports and drawings are not Contract Documents. <br />Such "technical data" is identified in the <br />Supplementary Conditions. Except for such reliance <br />o n such "technical data," CONTRACTOR may not rely <br />upon or make any Claim against OWNER, <br />ENGINEER or any of ENGINEER's Consultants with <br />respect to: <br />1 the completeness of such reports <br />and drawings for CONTRACTOR's purposes, <br />including, but not limited to, any aspects of the <br />means, methods, techniques, sequences and <br />procedures of construction to be employed by <br />CONTRACTOR and safety precautions and <br />programs incident thereto; or <br />2. other data, interpretations, opinions <br />and information contained in such reports or <br />shown or indicated in such drawings; or <br />3. any CONTRACTOR interpretation of <br />or conclusion drawn from any "technical data" <br />or any such other data, interpretations, opinions <br />or information. <br />C. CONTRACTOR shall not be responsible for <br />any Hazardous Environmental Condition uncovered or <br />revealed at the Site which was not shown or indicated <br />in Drawings or Specifications or identified in the <br />Contract Documents to be within the scope of the <br />Work. CONTRACTOR shall be responsible for a <br />Hazardous Environmental Condition created with any <br />materials brought to the Site by CONTRACTOR, <br />Subcontractors, Suppliers, or anyone else for whom <br />CONTRACTOR is responsible. <br />D. If CONTRACTOR encounters a Hazardous <br />Environmental Condition or if CONTRACTOR or <br />anyone for whom CONTRACTOR is responsible <br />creates a Hazardous Environmental Condition, <br />CONTRACTOR shall immediately: (i) secure or <br />otherwise isolate such condition; (ii) stop all Work in <br />connection with such condition and in any area <br />affected thereby (except in an emergency as required <br />by paragraph 6.16); and (iii) notify OWNER and ENGI- <br />NEER (and promptly thereafter confirm such notice in <br />writing) OWNER shall promptly consult with <br />ENGINEER concerning the necessity for OWNER to <br />retain a qualified expert to evaluate such condition or <br />take corrective action, if any. <br />E. CONTRACTOR shall not be required to <br />resume Work in connection with such condition or in <br />any affected area until after OWNER has obtained <br />any required permits related thereto and delivered to <br />CONTRACTOR written notice: (1) specifying that such <br />condition and any affected area is or has been <br />rendered safe for the resumption of Work; or (ii) <br />specifying any special conditions under which such <br />Work may be resumed safely. If OWNER and <br />CONTRACTOR cannot agree as to entitlement to or <br />o n the amount or extent, if any, of any adjustment in <br />Contract Price or Contract Times, or both, as a result <br />of such Work stoppage or such special conditions <br />u nder which Work is agreed to be resumed by <br />CONTRACTOR, either party may make a Claim <br />therefor as provided in paragraph 10.05. <br />F. If after receipt of such written notice <br />CONTRACTOR does not agree to resume such Work <br />based on a reasonable belief it is unsafe, or does not <br />agree to resume such Work under such special condi- <br />tions, then OWNER may order the portion of the Work <br />that is in the area affected by such condition to be <br />deleted from the Work. If OWNER and CON- <br />TRACTOR cannot agree as to entitlement to or on the <br />amount or extent, if any, of an adjustment in Contract <br />Price or Contract Times as a result of deleting such <br />portion of the Work, then either party may make a <br />Claim therefor as provided in paragraph 10.05. <br />OWNER may have such deleted portion of the Work <br />performed by OWNER's own forces or others in <br />accordance with Article 7. <br />G. To the fullest extent permitted by Laws and <br />Regulations, OWNER shall indemnify and hold <br />harmless CONTRACTOR, Subcontractors, ENGI- <br />NEER, ENGINEER's Consultants and the officers, <br />directors, partners, employees agents, other <br />consultants, and subcontractors of each and any of <br />00700 General Conditions REV 5-10-13.doc <br />00700 - 13 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents100700 - <br />General Conditions REV 5-10-13.doc <br />