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ARTICLE 4 - AVAILABILITY OF LANDS ; "technical data , " CONTRACTOR may not rely upon or SUBSURFACE AND PHYSICAL CONDITIONS ; make any Claim against OWNER , ENGINEER, or any REFERENCE POINTS of ENGINEER's Consultants with respect to : 1 . the completeness of such reports 4 . 01 Availability of Lands and drawings for CONTRACTOR's purposes , including , but not limited to , any aspects of the A. OWNER shall furnish the Site . OWNER shall means , methods , techniques , sequences , and notify CONTRACTOR of any encumbrances or procedures of construction to be employed by restrictions not of general application but specifically CONTRACTOR, and safety precautions and related to use of the Site with which CONTRACTOR programs incident thereto ; or must comply in performing the Work . OWNER will obtain in a timely manner and pay for easements for 2d other data , interpretations , opinions , permanent structures or permanent changes in and information contained in such reports or existing facilities . If CONTRACTOR and OWNER are shown or indicated in such drawings ; or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 3 . any CONTRACTOR interpretation of or Contract Times , or both , as a result of any delay in or conclusion drawn from any "technical data" OWNER's furnishing the Site , CONTRACTOR may or any such other data , interpretations , make a Claim therefor as provided in paragraph opinions , or information . 10 . 05 . 4 . 03 Differing Subsurface or Physical Conditions B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement A. Notice: If CONTRACTOR believes that any of record legal title and legal description of the lands subsurface or physical condition at or contiguous to upon which the Work is to be performed and the Site that is uncovered or revealed either : OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien 1 . is of such a nature as to establish against such lands in accordance with applicable that any "technical data" on which CONTRAC - Laws and Regulations . TOR is entitled to rely as provided in paragraph 4 . 02 is materially inaccurate ; or C . CONTRACTOR shall provide for all additional lands and access thereto that may be required for 2 , is of such a nature as to require a temporary construction facilities or storage of change in the Contract Documents ; or materials and equipment. 34 differs materially from that shown or 4 . 02 Subsurface and Physical Conditions indicated in the Contract Documents ; or A. Reports and Drawings: The Supplementary 4 . is of an unusual nature , and differs Conditions identify: materially from conditions ordinarily encountered and generally recognized as inher- 1 . those reports of explorations and ent in work of the character provided for in the tests of subsurface conditions at or contiguous Contract Documents ; to the Site that ENGINEER has used in preparing the Contract Documents ; and then CONTRACTOR shall , promptly after becoming aware thereof and before further disturbing the 2 , those drawings of physical subsurface or physical conditions or performing any conditions in or relating to existing surface or Work in connection therewith (except in an emergency subsurface structures at or contiguous to the as required by paragraph 6 . 16 .A) , notify OWNER and Site (except Underground Facilities ) that ENGI . ENGINEER in writing about such condition . NEER has used in preparing the Contract CONTRACTOR shall not further disturb such Documents , condition or perform any Work in connection therewith (except as aforesaid ) until receipt of written order to do B . Limited Reliance by CONTRACTOR on so . Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" B . ENGINEER 's Review: After receipt of written contained in such reports and drawings , but such notice as required by paragraph 4 . 03 . A, ENGINEER reports and drawings are not Contract Documents , will promptly review the pertinent condition , determine Such "technical data" is identified in the Supplementa- the necessity of OWNER's obtaining additional ry Conditions . Except for such reliance on such exploration or tests with respect thereto , and advise 00700 - General Conditions REV 04-07 .doc 00700 - 11 F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase lll\Admim\bid documents\00700 - General Conditions REV 04-07 .doc