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retaining copies of the Contract Documents for record upon the general accuracy of the "technical data " <br /> purposes , contained in such reports and drawings , but such <br /> reports and drawings are not Contract Documents . <br /> Such " technical data " is identified in the Supplementa- <br /> ARTICLE 4 - AVAILABILITY OF LANDS , ry Conditions . Except for such reliance on such <br /> SUBSURFACE AND PHYSICAL CONDITIONS ; "technical data , " CONTRACTOR may not rely upon or <br /> REFERENCE POINTS make any Claim against OWNER , ENGINEER , or any <br /> of ENGINEER's Consultants with respect to: <br /> 4 . 01 Availability of Lands 1 . the completeness of such reports <br /> and drawings for CONTRACTOR 's purposes , <br /> A. OWNER shall furnish the Site. OWNER shall including , but not limited to , any aspects of the <br /> notify CONTRACTOR of any encumbrances or means , methods , techniques , sequences, and <br /> restrictions not of general application but specifically procedures of construction to be employed by <br /> related to use of the Site with which CONTRACTOR CONTRACTOR , and safety precautions and <br /> must comply in performing the Work . OWNER will programs incident thereto ; or <br /> obtain in a timely manner and pay for easements for <br /> permanent structures or permanent changes in 20 other data , interpretations, opinions , <br /> existing facilities. If CONTRACTOR and OWNER are and information contained in such reports or <br /> unable to agree on entitlement to or on the amount or shown or indicated in such drawings ; or <br /> extent, if any, of any adjustment in the Contract Price <br /> or Contract Times , or both , as a result of any delay in 3 . any CONTRACTOR interpretation of <br /> OWNER ' s furnishing the Site , CONTRACTOR may or conclusion drawn from any "technical data" <br /> make a Claim therefor as provided in paragraph or any such other data , interpretations , <br /> 10 . 050 opinions, or information . <br /> B . Upon reasonable written request, OWNER 4 . 03 Differing Subsurface or Physical Conditions <br /> shall furnish CONTRACTOR with a current statement <br /> of record legal title and legal description of the lands A. Notice: If CONTRACTOR believes that any <br /> upon which the Work is to be performed and subsurface or physical condition at or contiguous to <br /> OWNER' s interest therein as necessary for giving the Site that is uncovered or revealed either: <br /> notice of or filing a mechanic's or construction lien <br /> against such lands in accordance with applicable 1 . is of such a nature as to establish <br /> Laws and Regulations , that any "technical data" on which CONTRAC- <br /> TOR is entitled to rely as provided in paragraph <br /> C . CONTRACTOR shall provide for all additional 4. 02 is materially inaccurate ; or <br /> lands and access thereto that may be required for <br /> temporary construction facilities or storage of 2 , is of such a nature as to require a <br /> materials and equipment, change in the Contract Documents ; or <br /> 4 . 02 Subsurface and Physical Conditions 3 , differs materially from that shown or <br /> indicated in the Contract Documents; or <br /> A. Reports and Drawings: The Supplementary <br /> Conditions identify: 4 . is of an unusual nature, and differs <br /> materially from conditions ordinarily <br /> 1 , those reports of explorations and encountered and generally recognized as inher- <br /> tests of subsurface conditions at or contiguous ent in work of the character provided for in the <br /> to the Site that ENGINEER has used in Contract Documents; <br /> preparing the Contract Documents ; and <br /> then CONTRACTOR shall , promptly after becoming <br /> 2 , those drawings of physical aware thereof and before further disturbing the <br /> conditions in or relating to existing surface or subsurface or physical conditions or performing <br /> any <br /> subsurface structures at or contiguous to the Work in connection therewith (except in an emergency <br /> Site ( except Underground Facilities) that ENGI - as required by paragraph 6 . 16 . A) , notify OWNER and <br /> NEER has used in preparing the Contract ENGINEER in writing about such condition . <br /> Documents . CONTRACTOR shall not further disturb such <br /> condition or perform any Work in connection therewith <br /> B . Limited Reliance by CONTRACTOR on (except as aforesaid ) until receipt of written order to do <br /> Technical Data Authorized: CONTRACTOR may rely so. <br /> 00700 - General Conditions REV 5-10-13. doc <br /> 00700 - 11 <br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1336-Gifford Senior BallfieldVldmin\bid documents\MasterContract\Contract Documents\00700 - General Conditions REV <br /> 5- 10- <br /> 13.doc <br />