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such lands in accordance with applicable Laws and Regula- 4. is of an unusual nature, and differs materially from tions. conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract C. CONTRACTOR shall provide for all additional lands Documents; and access thereto that may be required for temporary construction facilities or storage of materials and equipment. then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical 4 . 02 Subsurface and Physical Conditions conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), A. Reports and Drawings: The Supplementary notify OWNER and ENGINEER in writing about such condition . Conditions identify: CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) 1 .those reports of explorations and tests of until receipt of written order to do so. subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- B. ENGINEER's Review. After receipt of written notice ments; and as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of 2 . those drawings of physical conditions in or relat- OWNER's obtaining additional exploration or tests with respect ing to existing surface or subsurface structures at or thereto, and advise OWNER in writing (with a copy to contiguous to the Site (except Underground Facilities) CONTRACTOR) of ENGINEER's findings and conclusions. that ENGINEER has used in preparing the Contract Documents. C . Possible Price and Times Adjustments B. Limited Reliance by CONTRACTOR on Technical 1 . The Contract Price or the Contract Times, or Data Authorized: CONTRACTOR may rely upon the general both, will be equitably adjusted to the extent that the accuracy of the "technical data" contained in such reports and existence of such differing subsurface or physical drawings, but such reports and drawings are not Contract Docu- condition causes an increase or decrease in ments. Such "technical data' is identified in the Supplementary CONTRACTOR's cost of, or time required for, perfor- Conditions. Except for such reliance on such "technical data," mance of the Work; subject, however, to the following : CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with a. such condition must meet any one or more respect to: of the categories described in paragraph 4.03.A; and 1 . the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not b. with respect to Work that is paid for on a limited to, any aspects of the means, methods, Unit Price Basis, any adjustment in Contract Price techniques, sequences, and procedures of construction will be subject to the provisions of paragraphs 9.08 to be employed by CONTRACTOR, and safety precau- and 11 .03. tions and programs incident thereto; or 2.CONTRACTOR shall not be entitled to any 2. other data, interpretations, opinions, and adjustment in the Contract Price or Contract Times if: information contained in such reports or shown or indicated in such drawings; or a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a 3.any CONTRACTOR interpretation of or final commitment to OWNER in respect of Contract conclusion drawn from any '4echnical data" or any such Price and Contract Times by the submission of a other data, interpretations, opinions, or information. Bid or becoming bound under a negotiated contract; or 4.03 Differing Subsurface or Physical Conditions b. the existence of such condition could A. Notice: If CONTRACTOR believes that any subsur- reasonably have been discovered or revealed as a face or physical condition at or contiguous to the Site that is result of any examination, investigation, exploration, uncovered or revealed either: test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract 1 . is of such a nature as to establish that any Documents to be conducted by or for CON- "technical data" on which CONTRACTOR is entitled to TRACTOR prior to CONTRACTOR's making such rely as provided in paragraph 4.02 is materially final commitment; or inaccurate; or c. CONTRACTOR failed to give the written 2. is of such a nature as to require a change in the notice within the time and as required by paragraph Contract Documents; or 4.03.A. 3.differs materially from that shown or indicated in 3. If OWNER and CONTRACTOR are unable to the Contract Documents; or agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as 00700 General Conditions (EJCDC).doc 00700 - 10 1:0702912 Inch WM - Vero Lake Estatcst tnncnh;WcpordoBidding Contract Spec ricalionsW O(t) General Conditions (EICDC)doc