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<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 EnvironmelUal 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 Ha7..ardous Environmental
<br />Condition identified at the Sile, if any, that have been utilized
<br />by the ENGINEER in the preparation of the Contract
<br />Documents.
<br />
<br />B. Limited Reliance IJy CONTRA crOR on Teclmical
<br />Data Autlwmed: 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 daUl" is identified in
<br />the Supplementary ConditioDS. 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 />I. 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, Op1llions and
<br />information contained in such reports or shown or
<br />indicated jn 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 for 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 Work. CONTRACTOR shall be
<br />responsible for a Hazardous Environmental Condition created
<br />with any materials brought to the Sire by CONTRACTOR.
<br />SubcontraCtors, Suppliers, or anyone else for whom CON-
<br />TRACTOR is responsible,
<br />
<br />D. If CONTRACTOR encounters a Hazardous
<br />Environmental Condition or if CONTRACTOR or anyone for
<br />whom CONTRACTOR is responsible creates a Hazardous
<br />
<br />Environmental Condition, CONTRACTOR shall immedi-
<br />atdy: (i) secure or otherwise 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 />areaisor.b.as been rendered safe for the resumption of Work;
<br />or Oi) 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 which Work 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 Tunes 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 jn accordance
<br />with Article 7.
<br />
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, OWNER shall indemnify and hold harmless
<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' roch
<br />Hazardous Environmental Condition: (i) was DOt 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 (n) was not created by CONTRACIDR or by
<br />anyone for whom CONTRACTOR is responsible. Nothing
<br />
<br />00700 - 14
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