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<br />4.01 Availability of Lands
<br />so
<br />A. OWNER shall furnish 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 furnishing 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 furnish 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 />r
<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 />r 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 contiguous to the
<br />Site (except Underground Facilities) that ENGI-
<br />NEER has used in preparing the Contract
<br />Documents.
<br />B. Limited Reliance by CONTRACTOR on
<br />Technical Data Authorized: CONTRACTOR may
<br />rely upon the general accuracy of the "technical data"
<br />contained in such reports and drawings, but such
<br />reports and drawings are not Contract Documents.
<br />Such "technical data" is identified in the Supplementa-
<br />ry Conditions. Except for such reliance on such
<br />"technical data," CONTRACTOR may not rely upon or
<br />make any Claim against OWNER, ENGINEER, or any
<br />of ENGINEER's Consultants with respect to:
<br />1. the completeness of such reports
<br />and drawings for CONTRACTOR's purposes,
<br />including, but not limited to, any aspects of the
<br />means, methods, techniques, sequences, and
<br />procedures of construction to be employed by
<br />CONTRACTOR, and safety precautions and
<br />programs incident thereto; or
<br />2. other data, interpretations, opinions,
<br />and information contained in such reports or
<br />shown or indicated in such drawings; or
<br />3. any CONTRACTOR interpretation of
<br />or conclusion drawn from any "technical data"
<br />or any such other data, interpretations,
<br />opinions, or information.
<br />4.03 Differing Subsurface or Physical Conditions
<br />A. Notice: If CONTRACTOR believes that any
<br />subsurface or physical condition at or contiguous to
<br />the Site that is uncovered or revealed either:
<br />1. is of such a nature as to establish
<br />that any "technical data" on which CONTRAC-
<br />TOR is entitled to rely as provided in paragraph
<br />4.02 is materially inaccurate; or
<br />2. is of such a nature as to require
<br />change in the Contract Documents; or
<br />00700 -General Conditions REV 04-07
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<br />FSEngineeringlJWilliamsWtasterContradkMaster Cootraol Dowments100700 - General Conditions REV 04-07.doe
<br />furnishing any of the Work under a direct or indirect
<br />r
<br />contract with OWNER: (i) shall not have or acquire
<br />any title to or ownership rights in any of the Drawings,
<br />Specifications, or other documents (or copies of any
<br />M
<br />thereof) prepared by or bearing the seal of
<br />ENGINEER or ENGINEER's Consultant, including
<br />electronic media editions; and (ii) shall not reuse any
<br />of such Drawings, Specifications, other documents, or
<br />r
<br />copies thereof on extensions of the Project or any
<br />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.
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<br />ARTICLE 4 - AVAILABILITY OF LANDS;
<br />SUBSURFACE AND PHYSICAL CONDITIONS;
<br />REFERENCE POINTS
<br />4.01 Availability of Lands
<br />so
<br />A. OWNER shall furnish 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 furnishing 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 furnish 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 />r
<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 />r 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 contiguous to the
<br />Site (except Underground Facilities) that ENGI-
<br />NEER has used in preparing the Contract
<br />Documents.
<br />B. Limited Reliance by CONTRACTOR on
<br />Technical Data Authorized: CONTRACTOR may
<br />rely upon the general accuracy of the "technical data"
<br />contained in such reports and drawings, but such
<br />reports and drawings are not Contract Documents.
<br />Such "technical data" is identified in the Supplementa-
<br />ry Conditions. Except for such reliance on such
<br />"technical data," CONTRACTOR may not rely upon or
<br />make any Claim against OWNER, ENGINEER, or any
<br />of ENGINEER's Consultants with respect to:
<br />1. the completeness of such reports
<br />and drawings for CONTRACTOR's purposes,
<br />including, but not limited to, any aspects of the
<br />means, methods, techniques, sequences, and
<br />procedures of construction to be employed by
<br />CONTRACTOR, and safety precautions and
<br />programs incident thereto; or
<br />2. other data, interpretations, opinions,
<br />and information contained in such reports or
<br />shown or indicated in such drawings; or
<br />3. any CONTRACTOR interpretation of
<br />or conclusion drawn from any "technical data"
<br />or any such other data, interpretations,
<br />opinions, or information.
<br />4.03 Differing Subsurface or Physical Conditions
<br />A. Notice: If CONTRACTOR believes that any
<br />subsurface or physical condition at or contiguous to
<br />the Site that is uncovered or revealed either:
<br />1. is of such a nature as to establish
<br />that any "technical data" on which CONTRAC-
<br />TOR is entitled to rely as provided in paragraph
<br />4.02 is materially inaccurate; or
<br />2. is of such a nature as to require
<br />change in the Contract Documents; or
<br />00700 -General Conditions REV 04-07
<br />00700 - 1 I
<br />FSEngineeringlJWilliamsWtasterContradkMaster Cootraol Dowments100700 - General Conditions REV 04-07.doe
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