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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 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 /> 10.05. 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 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 04-07.doc <br /> 00700-11 <br /> F:Tubiic Works\ENGINEERING DIVISI0N PRGJECTS\121O-Sandridge Driving Range Tee RenovativnlAdrnirnlbid documents100700-General Conditions REV 04-07.doe <br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:05-OfficialDocuments:9069,Attachment Id 1,Page 78 <br />