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<br />monuments, and shall make DO cqes or relocations
<br />wichout Ihe prior written approval of OWNER.
<br />CONTRACTOR shall repon to ENGINEER whenever any
<br />rcfercocc 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 />repla=ment or relocation of such reference points or
<br />propcny monuments by professionally qualified personnel.
<br />
<br />4.06 Hozardous EnvironmenJal Condition Q/ Sitt
<br />
<br />A. Repons and Drawings: Reference is made to the
<br />SupplcmcotaIy Conditions for the identification of those
<br />rcpons and drawings relating to a Hazardous EnviroDJDental
<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. Limit<<l Re/iQ1lCe by CONI'RACI'OR on Technical
<br />DQJa Ibdhoriz<<l: CONTRACTOR may rely upon the
<br />gcoeraJ accuracy of Ibc "rccJmica1 data" contained in such
<br />reports and drawings, but such repons aDd drawings arc not
<br />Coatract DocUD1Cl1lS. Such "tcclmieJI data" is identified in
<br />d1e Supplementary COuditiODS. Except for such reliance on
<br />such "ff'L".hnqJ data," CONTRACTOR may not rely upon or
<br />make an)' Claim against OWNER, ENGINEER or any of
<br />ENGINEER's Consultants with respect to:
<br />
<br />I. the completeness of such rcpons and drawings
<br />for CONTRACTOR's purposes, including, but not
<br />limited to, any aspects of the means, methods,
<br />tcc:Imiques, sequences and procedures of construction to
<br />be employed by CONTRACTOR and safety precautions
<br />and pmgrams incideat thereto; or
<br />
<br />2. other daJa. imelprewioDs, opinions and
<br />iDfonaadoa cozaiDed in such reports or shown or
<br />p.,r"..,,,,,,, in IUdJ. drawiDp; or
<br />
<br />3. aD)' CONTRACTOR iDtcrpretation of or
<br />CODCIusiOll drawn from any "fet".hnica1 dataw or any such
<br />otber dala. imerprewkms. opinions oriDformation.
<br />
<br />C. CONTRACTOR sba11 not be responsible for any
<br />Hazardous EoviroDmeDta1 Condition UDCOvered or revealed
<br />It cbe Site which was DOt ~ or j,vtieated in Drawings or
<br />~~ or identified in the Cootract Documcms to be
<br />widIia die scope of die Work. CONTRACTOR sbaU be
<br />RSpOIISlbte for. Hazardous PaviroDaII:DtaI Coadition crcmd
<br />with Ill)' marerials lmJugbt to the Site by CONTRACTOR.
<br />SabcoDlractDn, Supplicn, or aD)'ODC else for whom CON-
<br />TRACI'OR is Rl]JClllSlblc.
<br />
<br />D. If CONTllACI'OR CDCOUII!ers . Hazardous
<br />Sa:Iviroamemal CoDc6doa or if CONTRACI'OR or anyone for
<br />whom CONTRACTOR is responsible crates . Hazardous
<br />
<br />00700 - 14
<br />
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<br />
<br />Environmental Condition. CONTRACTOR shaD immcdi- U
<br />atel)': (0 secW'C or otherwise isolate such condition; (iI) stop
<br />all Work in coancction with such condition and in any area fI
<br />affected thereby (except in an emergency as required' U
<br />paragraph 6.16); and (iii) notify OWNER and ENGINEl
<br />(and promptly thereafter confum such notice in writing). n
<br />OWNER sba11 promptly consult with ENGINEER conccrniDg! :
<br />the necessity for OWNER to retain a qualified expen to U
<br />evaluate such condition or take corrective action. if any.
<br />n
<br />
<br />E. CONTRACTOR shall not be required to resume U
<br />Work in connection with such condition or in any affected
<br />area until after OWNER has obtained any required permits n
<br />related thereto and delivered to CONTRACTOR written u
<br />notice: (i) specifying that such condition and any affected
<br />. area ,is,or,has .been rendered safe for the resumption of Work; n
<br />or (ii) specifying any special conditions under which such
<br />Work may be resumed safel)'. If OWNER and U
<br />, CON'IRACTOR cannot ,agree as to entitlement to or on the
<br />amount or cxteDt. if any. of any adjustmcDt in CoIIttICt Price If
<br />or Contract Times, or both, as a result of such Work stop- U
<br />page or such special coaditions UDder which Wort is agreed
<br />to be resumed by CONTRACI'OR, either party may make a n
<br />Claim therefor as provided in paragraph 10.05.
<br />
<br />LJ
<br />
<br />F. If after receipt of such written notice n
<br />CONTRACTOR does not agree to resume such Work based
<br />on a reasonable belief it is unsafe, or does not agree to U
<br />resume such Work under such special conditions, then
<br />OWNER may order d1e ponion of the Work that is in tl n
<br />area affected by such condition to be deleted from the Work.. LJ
<br />If OWNER and CONTRACTOR cannot agree as to
<br />entitlement to or on die amount or exrcat, if any, of an n
<br />adjustment in Comract Price or Comnct TIDIeS as a result of
<br />deletiDg IUCb portion of the Work, then citber party may U
<br />make . Claim therefor as provided in parIIraph 10.OS.
<br />OWNER may ha\'C such deleted portioIl of die Wort n
<br />'pcrfonocd'by OWNER's owo-fCX'ClCS or ocbcn in accordance u
<br />with Article 1.
<br />
<br />G. To the fullest extcDt permitted b)' Laws and
<br />Regulations, OWNER sbaJl indemnify and hold harmless
<br />CONTRACTOR. SubcoDtraclOrs, ENGINEER.
<br />ENGINEER's Consullams and die officers, directors.
<br />'partners, employees, .gems, otber consultaDls, and
<br />subcontractors of each and any of them from.and against all
<br />claims, costs, losses, and damages (mcludiDg but DOt limited
<br />to all fees and c:barges of cagiDeers. arehiMloft. 1ItOrDe)'I. aDd
<br />other professionals aDd all court or arbicratiDll or other
<br />dispute reIOlution costs) arisiDe out of or rcIadDg to a
<br />Hazardous EaYironmcatIl Coaditioa.. provided dJal'such
<br />HazardoIIs EuviroDm=tal Coaditioa: (i) wu DOt sbown or
<br />inJieated in tbe DrawiDgs or Specifications or idemificd in
<br />the Coattact DocuJDentl CO be iDcluded withllllbe scope of
<br />the Wort, and (11') was DOt crcat.ed by CONTRAeroR or IT
<br />anyone for whom CONTRACTOR Is respcmsiblc. NothiL,
<br />
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