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other project without written consent of OWNER and subsurface structures at or contiguous to the ENGINEER and specific written verification or Site (except Underground Facilities) that ENGI- adaption by ENGINEER. This prohibition will survive NEER has used in preparing the Contract final payment, completion, and acceptance of the Documents. Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from B. Limited Reliance by CONTRACTOR on retaining copies of the Contract Documents for record Technical Data Authorized. CONTRACTOR may rely purposes. upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. ARTICLE 4 -AVAILABILITY OF LANDS; Such "technical data" is identified in the Supplementa- SUBSURFACE AND PHYSICAL CONDITIONS; ry Conditions. Except.for such reliance on such REFERENCE POINTS "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 4.01 Availability of Lands 1. the completeness of such reports A. OWNER shall furnish the Site. OWNER shall and drawings for CONTRACTOR's purposes, notify CONTRACTOR of any encumbrances or including, but not limited to, any aspects of the restrictions not of general application but specifically means, methods, techniques, sequences, and related to use of the Site with which CONTRACTOR procedures of construction to be employed by must comply in performing the Work. OWNER will CONTRACTOR, and safety precautions and obtain in a timely manner and pay for easements for programs incident thereto; or permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are 2. other data, interpretations, opinions, unable to agree on entitlement to or on the amount or and information contained in such reports or extent, if any, of any adjustment in the Contract Price shown or indicated in such drawings; or or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may 3. any CONTRACTOR interpretation of make a Claim therefor as provided in paragraph or conclusion drawn from any "technical data" 10.05. or any such other data, interpretations, opinions, or information. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement 4.03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands upon which the Work is to be performed and A. Notice: If CONTRACTOR believes that any OWNER's interest therein as necessary for giving subsurface or physical condition at or contiguous to notice of or filing a mechanic's or construction lien the Site that is uncovered or revealed either: against such lands in accordance with applicable Laws and Regulations. 1. is of such a nature as to establish that any "technical data" on which CONTRAC- C. CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph lands and access thereto that may be required for 4.02 is materially inaccurate; or temporary construction facilities or storage of materials and equipment. 2. is of such a nature as to require a change in the Contract Documents; or 4.02 Subsurface and Physical Conditions 3. differs materially from that shown or A. Reports and Drawings: The Supplementary indicated in the Contract Documents; or Conditions identify: 4. is of an unusual nature, and differs 1. those reports of explorations and materially from conditions ordinarily tests of subsurface conditions at or contiguous encountered and generally recognized as inher- to the Site that ENGINEER has used in ent in work of the character provided for in the preparing the Contract Documents; and Contract Documents; 2. those drawings of physical then CONTRACTOR shall, promptly after becoming conditions in or relating to existing surface or aware thereof and before further disturbing the 00700-General Conditions REV 04-07.doc 00700-11 P:\Public Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert ImprovementVAdmim\bid documents\00700-General Conditions REV 04-07.doc