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such lands in accordance with applicable Laws and Regula- <br />tions. <br />C. CONTRACTOR shall provide for all additional lands <br />and access thereto that may be required for temporary <br />construction facilities or storage of 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 tests of <br />subsurface conditions at or contiguous to the Site that <br />ENGINEER has used in preparing the Contract Docu- <br />ments; and <br />2. those drawings of physical conditions in or relat- <br />ing to existing surface or subsurface structures at or <br />contiguous to the Site (except Underground Facilities) <br />that ENGINEER has used in preparing the Contract <br />Documents. <br />B. Limited Reliance by CONTRACTOR on Technical <br />Data Authorized: CONTRACTOR may rely upon the general <br />accuracy of the "technical data" contained in such reports and <br />drawings, but such reports and drawings are not Contract Docu- <br />ments. Such "technical data' is identified in the Supplementary <br />Conditions. Except for such reliance on such "technical data," <br />CONTRACTOR may not rely upon or make any Claim against <br />OWNER, ENGINEER, or any of ENGINEER's Consultants with <br />respect to: <br />1.the completeness of such reports and drawings <br />for CONTRACTOR's purposes, including, but not <br />limited to, any aspects of the means, methods, <br />techniques, sequences, and procedures of construction <br />to be employed by CONTRACTOR, and safety precau- <br />tions and programs incident thereto; or <br />2.other data, interpretations, opinions, and <br />information contained in such reports or shown or <br />indicated in such drawings; or <br />3.any CONTRACTOR interpretation of or <br />conclusion drawn from any'4echnical data" or any such <br />other data, interpretations, opinions, or information. <br />4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If CONTRACTOR believes that any subsur- <br />face or physical condition at or contiguous to the Site that is <br />uncovered or revealed either: <br />1.is of such a nature as to establish that any <br />"technical data" on which CONTRACTOR is entitled to <br />rely as provided in paragraph 4.02 is materially <br />inaccurate; or <br />2.is of such a nature as to require a change in the <br />Contract Documents; or <br />3.differs materially from that shown or indicated in <br />the Contract Documents; or <br />4. is of an unusual nature, and differs materially from <br />conditions ordinarily encountered and generally recognized as <br />inherent in work of the character provided for in the Contract <br />Documents; <br />then CONTRACTOR shall, promptly after becoming aware <br />thereof and before further disturbing the subsurface or physical <br />conditions or performing any Work in connection therewith <br />(except in an emergency as required by paragraph 6.16.A), <br />notify OWNER and ENGINEER in writing about such condition. <br />CONTRACTOR shall not further disturb such condition or <br />perform any Work in connection therewith (except as aforesaid) <br />until receipt of written order to do so. <br />B. ENGINEER's Review. After receipt of written notice <br />as required by paragraph 4.03.A, ENGINEER will promptly <br />review the pertinent condition, determine the necessity of <br />OWNER's obtaining additional exploration or tests with respect <br />thereto, and advise OWNER in writing (with a copy to <br />CONTRACTOR) of ENGINEER's findings and conclusions. <br />C. Possible Price and Times Adjustments <br />1. The Contract Price or the Contract Times, or <br />both, will be equitably adjusted to the extent that the <br />existence of such differing subsurface or physical <br />condition causes an increase or decrease in <br />CONTRACTOR's cost of, or time required for, perfor- <br />mance of the Work; subject, however, to the following: <br />a. such condition must meet any one or more <br />of the categories described in paragraph 4.03.A; <br />and <br />b. with respect to Work that is paid for on a <br />Unit Price Basis, any adjustment in Contract Price <br />will be subject to the provisions of paragraphs 9.08 <br />and 11.03. <br />2.CONTRACTOR shall not be entitled to any <br />adjustment in the Contract Price or Contract Times if: <br />a. CONTRACTOR knew of the existence of <br />such conditions at the time CONTRACTOR made a <br />final commitment to OWNER in respect of Contract <br />Price and Contract Times by the submission of a <br />Bid or becoming bound under a negotiated contract; <br />or <br />b. the existence of such condition could <br />reasonably have been discovered or revealed as a <br />result of any examination, investigation, exploration, <br />test, or study of the Site and contiguous areas <br />required by the Bidding Requirements or Contract <br />Documents to be conducted by or for CON- <br />TRACTOR prior to CONTRACTOR's making such <br />final commitment; or <br />c. CONTRACTOR failed to give the written <br />notice within the time and as required by paragraph <br />4.03.A. <br />3.If OWNER and CONTRACTOR are unable to <br />agree on entitlement to or on the amount or extent, if <br />any, of any adjustment in the Contract Price or Contract <br />Times, or both, a Claim may be made therefore as <br />00700 General Conditions (EJCDC).doc <br />00700- 10 <br />1:0702912 Inch WM- Vero Lake Estatcst tnncnh;WcpordoBidding Contract SponficalionsW O(t) General Conditions(EICDC)doc <br />