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<br /> <br />,'I' <br /> <br /> <br />- <br />I- <br />I <br /> <br />monuments. and shall make no changes or relocations <br />without the prior written approval of OWNER. <br />CONTRACTOR shall report to ENGINEER whenever any <br />reference point or property monument is lost or destroyed or <br />requires relocation because of necessary changes in grades or <br />locations, and shall be responsible for the accurate <br />replacement or relocation of such reference points or <br />property monuments by professionally qualified personnel. <br /> <br />4.06 Hazardous Environme!l1al Condition at Site <br /> <br />A. Reports and Drawings: Reference is made to the <br />Supplementary Conditions for the identification of those <br />reports and drawings relating to a Hazardous Environmental <br />Condition identified at the Site, if any, that have been utilized <br />by the ENGINEER in the preparation of the Contract <br />Documents . <br /> <br />B. Limited Reliance by CONTRACTOR on Technical <br />Data Authorized: CONTRACTOR may rely upon the <br />general accuracy of the "technical data" contained in such <br />reports and drawings, but such reports and drawings are not <br />Contract Documents. Such "technical data" is identified in <br />the Supplementary Conditions. Except for such reliance on <br />such "technical data, " CONTRACTOR may not rely upon or <br />make any Claim against OWNER, ENGINEER or any of <br />ENGINEER's Consultants with respect to: <br /> <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 to <br />be employed by CONTRACTOR and safety precautions <br />and programs incident thereto; or <br /> <br />2. other data, interpretations. oplDlOns and <br />information contained in such reports or shown or <br />indicated in such drawings; or <br /> <br />3. any CONTRACTOR interpretation of or <br />conclusion drawn from any "technical data" or any such <br />other data. interpretations, opinions or information. <br /> <br />C. CONTRACTOR shall not be responsible {or any <br />Hazardous Environmental Condition uncovered or revealed <br />at the Site which was not shown or indicated in Drawings or <br />Specifications or identified in the Contract Documents to be <br />within the scope of the Worle. CONTRACTOR shall be <br />responsible for a Hazardous Environmental Condition created <br />with any materials brought to the Site by CONTRACTOR, <br />Subcontractors, Suppliers, or anyone else for wbom CON- <br />TRACTOR is responsible. <br /> <br />D. If CONTRACTOR encounters a Hazardous <br />Environmental Condition or if CONTRACI'OR or anyone for <br />whom CONTRACTOR is responsible creates a Hazardous <br /> <br />Environmental Condition, CONTRACTOR shall immedi- <br />ately: (i) secure or otbenvise isolate such condition; (ii) stop <br />all Work in connection with such condition and in any area <br />affected thereby (except in an emergency as required by <br />paragraph 6.16); and (iii) notify OWNER and ENGINEER <br />(and promptly thereafter confirm such notice in writing). <br />OWNER shall promptly consult with ENGINEER concerning <br />the necessity for OWNER to retain a qualified expert to <br />evaluate such condition or take corrective action, if any. <br /> <br />E. CONTRACTOR shall not be required to resume <br />Work in connection with such condition or in any affected <br />area until after OWNER has obtained any required permits <br />related thereto and delivered to CONTRACTOR written <br />notice: (i) specifying that such condition and any affected <br />. area is or.has been rendered safe for the resumption of Work; <br />or (ii) specifying any special conditions under which such <br />Work may be resumed safely. If OWNER and <br />CONTRACTOR cannot agree as to entitlement to or on the <br />amount or extent, if any, of any adjustment in Contract Price <br />or Contract Times, or both, as a result of such Work stop- <br />page or such special conditions under whicb Worle is agreed <br />to be resumed by CONTRACTOR, either party may make a <br />Claim therefor as provided in paragraph 10.05. <br /> <br />F. If after receipt of such written notice <br />CONTRACTOR does not agree to resume such Work based <br />. on a reasonable belief it is unsafe, or does not agree to <br />resume such Work under such special conditions, then <br />OWNER may order the portion of the Work that is in the <br />area affected by such condition to be deleted from the Work. <br />If OWNER and CONTRACTOR cannot agree as to <br />entitlement to or on the amount or extent, if any, of an <br />adjustment in Contract Price or Contract Times as a result of <br />deleting such portion of the Work, then either party may <br />make a Claim therefor as provided in paragraph 10.05. <br />OWNER may have such deleted portion of the Work <br />performed by OWNER's own-forces or others in accordance <br />with Article 7. <br /> <br />G. To the fullest extent permitted by Laws and <br />Regulations, OWNER sball indemnify and bold barmless <br />CONTRACTOR, Subcontractors, ENGINEER, <br />ENGINEER's Consultants and the officers, directors, <br />partners, employees, agents, other consultants, and <br />subcontractors of each and any of them from and against all <br />claims, costs, losses, and damages (including but not limited <br />to all fees and charges of engineers, architects, attorneys, and <br />other professionals and all court or arbitration or other <br />dispute resolution costs) arising out of or relating to a <br />Hazardous Environmental Condition, provided that' sucb <br />Hazardous Environmental Condition: (i) was not shown or <br />indicated in the Drawings or Specifications or identified in <br />the Contract Documents to be included within the scope of <br />the Work. and (Ii) was not created by CONTRACTOR or by <br />anyone for wbom CONTRACTOR is responsible. Nothing <br /> <br />00700 - 14 <br />