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other project without written consent of OWNER and <br />ENGINEER and specific written verification or <br />adaption by ENGINEER. This prohibition will survive <br />final payment, completion, and acceptance of the <br />Work, or termination or completion of the Contract. <br />Nothing herein shall preclude CONTRACTOR from <br />retaining copies of the Contract Documents for record <br />purposes. <br />ARTICLE 4 - AVAILABILITY OF LANDS; <br />SUBSURFACE AND PHYSICAL CONDITIONS; <br />REFERENCE POINTS <br />4.01 Availability of Lands <br />A. OWNER shall fumish the Site. OWNER shall <br />notify CONTRACTOR of any encumbrances or <br />restrictions not of general application but specifically <br />related to use of the Site with which CONTRACTOR <br />must comply in performing the Work. OWNER will <br />obtain in a timely manner and pay for easements for <br />permanent structures or permanent changes in <br />existing facilities. If CONTRACTOR and OWNER are <br />unable to agree on entitlement to or on the amount 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 <br />OWNER's fumishing the Site, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />B. Upon reasonable written request, OWNER <br />shall fumish CONTRACTOR with a current statement <br />of record legal title and legal description of the lands <br />upon which the Work is to be performed and <br />OWNER's interest therein as necessary for giving <br />notice of or filing a mechanic's or construction lien <br />against such lands in accordance with applicable <br />Laws and Regulations. <br />C. CONTRACTOR shall provide for all additional <br />lands and access thereto that may be required for <br />temporary construction facilities or storage of <br />materials and equipment. <br />4.02 Subsurface and Physical Conditions <br />A. Reports and Drawings: The Supplementary <br />Conditions identify: <br />1. those reports of explorations and <br />tests of subsurface conditions at or contiguous <br />to the Site that ENGINEER has used in <br />preparing the Contract Documents; and <br />2. those drawings of physical <br />conditions in or relating to existing surface or <br />subsurface structures at or conti•uous to the <br />Site (except Underground Facilitie ) that ENGI- <br />NEER has used in preparing t e Contract <br />Documents. <br />B. Limited Reliance by CONT <br />Technical Data Authorized: CONTRACT <br />upon the general accuracy of the "te <br />contained in such reports and drawing <br />reports and drawings are not Contract <br />Such "technical data" is identified in the S <br />ry Conditions. Except for such relian <br />"technical data," CONTRACTOR may not <br />make any Claim against OWNER, ENGI <br />of ENGINEER's Consultants with respect <br />CTOR on <br />R may rely <br />nical data" <br />but such <br />Documents. <br />pplementa- <br />e on such <br />rely upon or <br />EER, or any <br />o: <br />1. the completeness of such reports <br />and drawings for CONTRACTOR s purposes, <br />including, but not limited to, any a•pects of the <br />means, methods, techniques, seq ences, and <br />procedures of construction to be : mployed by <br />CONTRACTOR, and safety pre«: utions and <br />programs incident thereto; or <br />2. other data, interpretatio <br />and information contained in suc <br />shown or indicated in such drawing <br />3. any CONTRACTOR int <br />or conclusion drawn from any "te. <br />or any such other data, int <br />opinions, or information. <br />s, opinions, <br />reports or <br />or <br />rpretation of <br />hnical data" <br />rpretations, <br />4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If CONTRACTOR belie <br />subsurface or physical condition at or c <br />the Site that is uncovered or revealed eith <br />1. is of such a nature as <br />that any "technical data" on which <br />TOR is entitled to rely as provided <br />4.02 is materially inaccurate; or <br />es that any <br />ntiguous to <br />r. <br />to establish <br />CONTRAC- <br />n paragraph <br />2. is of such a nature as o require a <br />change in the Contract Documents; or <br />3. differs materially from th-t shown or <br />indicated in the Contract Documen .; or <br />4. is of an unusual nature, and differs <br />materially from conditions ordinarily <br />encountered and generally recogn. ed as inher- <br />ent in work of the character provid-d for in the <br />Contract Documents; <br />then CONTRACTOR shall, promptly aft r becoming <br />aware thereof and before further di turbing the <br />00700 - General Cando <br />00700 - 11 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin'bid documents Master Contract Documents100700 - General C <br />13.doc <br />s REV 5-10-13.doc <br />nditions REV 5-10- <br />