2005-090 - Laserfiche WebLink

Home Browse Search

for permanent structures or permanent changes in existing 4. 03 Differing Subsurface or Physical Conditions(tc 1n facilities. If CONTRACTOR and OWNER are unable to agree "4 . 03 Differing Subsurface or Physical Conditions") on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , as A. Notice: If CONTRACTOR believes that any subsur- a result of any delay in OWNER's furnishing the Site, face or physical condition at or contiguous to the Site that is CONTRACTOR may make a Claim therefore as provided in uncovered or revealed either: paragraph 10.05. 1 . is of such a nature as to establish that any B. Upon reasonable written request, OWNER shall "technical data" on which CONTRACTOR is entitled to furnish CONTRACTOR with a current statement of record legal rely as provided in paragraph 4.02 Is materially title and legal description of the lands upon which the Work is to inaccurate; or be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against 2. is of such a nature as to require a change in the such lands in accordance with applicable Laws and Regula- Contract Documents ; or tions. 3. differs materially from that shown or indicated in C. CONTRACTOR shall provide for all additional lands the Contract Documents; or and access thereto that may be required for temporary construction facilities or storage of materials and equipment 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as 4.02 Subsurface and Physical Conditions{tc W "4. 02 inherent in work of the character provided for In the Contract Subsurface and Physical Conditions ' Documents ; A Reports and Drawings: The Supplementary then CONTRACTOR shall, promptly after becoming aware Conditions identify: thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith 1 .those reports of explorations and tests of (except in an emergency as required by paragraph 6. 16.A), subsurface conditions at or contiguous to the Site that notify OWNER and ENGINEER in writing about such condition. ENGINEER has used in preparing the Contract Docu- CONTRACTOR shall not further disturb, such condition or ments ; and perform any Work In connection therewith (except as aforesaid ) 2. those drawings of physical conditions in or relat- until receipt of written order to do so, ing to existing surface or subsurface structures at or B. ENGINEER's Review: After receipt of written notice contiguous to the Site (except Underground Facilities) as required by paragraph 4.03.A, ENGINEER will promptly that ENGINEER has used in preparing the Contract review the pertinent condition , determine the necessity of Documents, OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR) of ENGINEER's findings and conclusions. Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and C. Possible Price and Times Adjustments drawings, but such reports and drawings are not Contract Docu- ments. Such "technical data" is identified in the Supplementary 1 . The Contract Price or the Contract Times, or Conditions. Except for such reliance on such "technical data," both, will be equitably adjusted to the extent that the CONTRACTOR may not rely upon or make any Claim against existence of such differing subsurface or physical OWNER, ENGINEER, or any of ENGiNEER's Consultants with condition causes an increase or decrease In respect to: CONTRACTOR's cost of, or time required for, perfor- 1 . the completeness of such reports and drawings mance of the Work; subject, however, to the following : for CONTRACTOR's purposes , including , but not a , such condition must meet any one or more limited to, any aspects of the means, methods, of the categories described in paragraph 4.03,A; techniques , sequences, and procedures of construction and to be employed by CONTRACTOR, and safety precau- tions and programs incident thereto; or b. with respect to Work that is paid for on a Unit Price Basis , any adjustment in Contract Price 2. other data , interpretations, opinions, and will be subject to the provisions of paragraphs 9. 08 information contained in such reports or shown or and 11 . 03. indicated in such drawings; or 2, CONTRACTOR shall not be entitled to any 3. any CONTRACTOR interpretation of or adjustment in the Contract Price or Contract Times it conclusion drawn from any "technical data" or any such other data, interpretations , opinions , or information. a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or 00700 - 10