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41 <br /> a <br /> 14 <br /> IT <br /> C 'LLL <br /> 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 <br />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 2 , 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 . 054 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 21 is of such a nature as to require <br /> 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 /> A. Reports and Drawings: The Supplementary indicated in the Contract Documents ; or <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 /> 04Public Works\ENGINEERING DIVISION PROJECTS\0923A Trans Florida Greenway 00700 - 11 00700 - General Conditions REV 04-07 .doc <br /> (At Sebastian River Middle School )\Admim\Contract Documents\00700 - General Conditions REV <br /> 4-07 .doc <br /> Ell <br /> Ir <br /> rIN <br />