SITE

4.1 Availability of Lands 4.1.1. Unless otherwise stated in the Contract Documents, Owner shall furnish the Site. 4.1.1.1. Owner shall notify Contractor of any known encumbrances or restrictions specifically related to use of the Site with which Contractor must comply in performing the Work. 4.1.1.2. Owner will obtain in a manner that does not adversely affect the critical path of the Work the easements for permanent structures or permanent changes to existing facilities. 4.1.1.3. If Contractor and Owner are unable to agree on the entitlement to or on the amount of any adjustment in the Contract Price or Contract Time, or both, as a result of any delay in Owner's complying with the responsibilities indicated above, Contractor may make a Claim therefore as provided in section 11.5. 4.1.2. Contractor shall secure and provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions 4.2.1. Reports and Drawings. The Supplementary Conditions identify: 4.2.1.1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Architect/Engineer has used in preparing the Contract Documents; and 4.2.1.2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Architect/Engineer has used in preparing the Contract Documents. 4.2.2. Limited Reliance by Contractor on Technical Data Provided. On lineal type projects, Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are - 20 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS not part of the Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", Contractor may not rely upon or make any Claim against Owner, Architect/Engineer, or any of Architect/Engineer's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for Contractor's construction purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 4.2.2.2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 4.2.2.3. any Contractor interpretation of, or conclusion drawn from, any "technical data" or any such other data, interpretations, opinions, or information. 4.2.3. Reliance by Contractor on Technical Data Provided. On building construction projects, Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, and such reports and drawings are part of the Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", Contractor may not rely upon or make any Claim against Owner, Architect/Engineer, or any of Architect/Engineer's Consultants with respect to: 4.2.3.1. the completeness of such reports and drawings for Contractor's construction purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 4.2.3.2. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.3 Differing Subsurface or Physical Conditions 4.3.1. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 4.3.1.1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in section 4.2 is materially inaccurate; or 4.3.1.2. is of such a nature as to require a change in the Contract Documents; or 4.3.1.3. differs materially from that shown or indicated in the Contract Documents; or 4.3.1.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor, shall promptly, in no event later than 3 working days, after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Article 6.16), notify Owner's Representative, Owner and Architect/Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do SO. 4.3.2. Architect/Engineer's and/or Owner's Representative Review. After receipt of written notice as required by the preceding Article, Architect/Engineer and/or Owner's Representative will promptly review the pertinent condition and determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advice Owner in writing of Architect/Engineer's and/or Owner's Representative findings and conclusions. 21 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 4.4. Price and Time Adjustments 4.4.1. The Contract Price, or the Contract Time, or both will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's costs of, or time required for, performance of the Work; subject, however, to the following: 4.4.1.1. such condition must meet any one or more of the categories described in Article 4.3.1; and 4.4.1.2. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of section 11.3. 4.4.2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 4.4.2.1. 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 Time by the submission of a Bid or by becoming bound under a negotiated contract; or 4.4.2.2. the existence of such condition could reasonably have been discovered or revealed as a result of any visual examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by Contractor prior to Contractor's making such final commitment; or 4.4.2.3. Contractor failed to give the written notice within the time and as required by Article 4.3.1. 4.4.3 If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price, or Contract Time, or both, a Claim may be made therefore as provided in section 11.5. 4.5 Underground Facilities 4.5.1. Shown or Indicated. The information and/or data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner's Representative, Owner or Architect/Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.5.1.1. Owner and Architect/Engineer shall be responsible for the reasonable accuracy or completeness of any such information or data; and 4.5.1.2. the costs of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: 4.5.1.2. 1. reviewing and checking all such information and data; 4.5.1.2.2. locating all Underground Facilities shown or indicated in the Contract Documents; 4.5.1.2.3. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and 4.5.1.2.4. the safety and protection of all such Underground Facilities and repairing any damage thereto 22 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS resulting from the Work. 4.5.2. Not Shown or Indicated. 4.5.2.1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Article 14.13), notify said findings in writing to the owner of such Underground Facility, Owner's Representative and Architect/Engineer. 4.5.2.2. Architect/Engineer, Owner's Representative and Owner will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. 4.5.2.3. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 4.5.2.4. If Owner's Representative concludes that a change in the Contract Documents is required, a Work Change Directive, Change Order or Extra Work Order will be issued to reflect and document such consequences. 4.5.2.4.1. An equitable adjustment shall be made to the Contract Price or Contract Time, or both, if warranted under this Article 4.5. 4.5.2.4.2. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Time, Owner or Contractor may make a Claim therefore as provided in section 11.5. & 4.6. Reference Points 4.6.1. In projects requiring construction of buildings, at the beginning of the project, the Owner will set construction stakes establishing sufficient property lines, baseline and a bench mark. These stakes and marks will constitute all the surveying work the Owner will provide for the use of the Contractor. From the above-mentioned stakes and marks, the Contractor shall develop, and establish all necessary marks and controls to perform his work. The Contractor will be held responsible for the preservation of original stakes and marks provided by the Owner at the beginning of the project, and if any of these stakes or marks are carelessly or willfully destroyed or disturbed by the Contractor, the cost of replacing them will be at Contractor's expense. The Owner will be responsible for the accuracy of the original lines and marks furnished to the Contractor. 4.6.1.1. In lineal projects, Owner shall provide engineering surveys to establish reference points for construction which, in Architect/Engineer's judgment, are necessary to enable Contractor to proceed with the Work. 4.6.2. Contractor shall be responsible thereafter for establishing the reference points and property monuments in accordance with the survey provided by Owner and laying out the Work, shall protect and preserve the reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall be responsible for replacing the established reference points and property monuments, if affected during construction. 4.6.3. Contractor shall report to Owner's Representative and Architect/Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. - 23 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 4.7. Hazardous Environmental Condition at Site 4.7.1. Reports, Studies and Drawings. Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Architect/Engineer in the Preparation of the Contract Documents. 4.7.2. Limited Reliance by Contractor on Technical Data Provided. On lineal type projects, Contractor may rely upon the general accuracy of the 'technical data" contained in such reports and drawings, but such reports and drawings are not part of the Contract Documents. Such "technical data" is identified in the Technical Specifications. Except for such reliance on such "technical data", Contractor may not rely upon or make any Claim against Owner, Architect/Engineer, or any of Architect/Engineer's Consultants with respect to: 4.7.2.1. the completeness of such reports and drawings for Contractor's construction purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 4.7.2.2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 4.7.2.3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.7.3. Reliance by Contractor on Technical Specifications Provided. On building construction projects, unless otherwise indicated in the Contract Documents, Contractor may rely upon the general accuracy of the "technical data" contained in such Technical Specifications and/or Plans and Drawings. Except for such reliance on such "technical data", Contractor may not rely upon or make any Claim against Owner, Architect/Engineer, or any of Architect/Engineer's Consultants with respect to: 4.7.3.1. the completeness of such reports and drawings for Contractor's construction purposes, including any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 4.7.3.2. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.7.4. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site that was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. 4.7.5. Contractor shall be responsible for Hazardous Environmental Conditions created due to any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. 4.7.6. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: 4.7.6.1. at Owner's cost, secure or otherwise isolate such condition, if it is not the Contractor's fault; or at Contractor's cost, if it is his fault, or anyone for whom Contractor is responsible; 24 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 4.7.6.2. stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by section 6.13 and 14.13); and 4.7.6.3. notify Owner's Representative, Owner and Architect/Engineer and promptly thereafter confirm such notice in writing, no later than 24 hours after the condition has been encountered. Failure to do so shall constituted a waiver of any claim in connection thereto. 4.7.6.3.1. Owner shall promptly consult with Architect/Engineer and/or Owner's Representative concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action. 4.7.7. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner's Representative has obtained any required permits related thereto and delivered to Contractor written notice: 4.7.7.1. specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or 4.7.7.2. specifying any special conditions under which such Work may be resumed safely. 4.7.7.3. If Owner, through Owner's Representative, and Contractor cannot agree as to entitlement to, or on the amount or extent, if any, of any adjustment in Contract Price or Contract Time, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefore as provided in Article 11.5. 4.7.8. If after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner's Representative may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. 4.7.8.1. If Owner, through Owner's Representative, and Contractor cannot agree as to entitlement to, or on the amount or extent, if any, of an adjustment in Contract Price or Contract Time as a result of deleting such portion of the Work, then either party may make a Claim therefore as provided in Article 11.5. 4.7.8.2. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. 4.7.9. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: 4.7.9.1. was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and 4.7.9.2. were not created by Contractor or by anyone for whom Contractor is responsible. - 25 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 4.7.9.3. Nothing in this Article shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 4.7.10. To the fullest extent permitted by Laws or Regulations, Contractor shall indemnify and hold harmless Owner's Representative, Owner, Architect/Engineer, Architect/Engineer's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. 4.7.10.1. Nothing in this Article shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 4.7.11. The provisions of sections 4.2, 4.3 and 4.4 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.