ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes
in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER’s furnishing
the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.
B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title
and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as necessary
for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and
Regulations.
C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the OWNER’s of
such property, advising them of the nature of the interference and shall arrange to cooperate with them for the
protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with copies of such
notifications and with copies of any agreements between the CONTRACTOR and the property OWNER’s concerning
such protection or disposition.
E. CONTRACTOR shall take all necessary precautions for the protection of corporate or private property, such as
walls and foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities,
overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the Work, of which the
Contract does not provide for removal. CONTRACTOR shall protect and carefully preserve all official survey
monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, until
OWNER, or authorized Surveyor or agent has witnessed or otherwise referenced their location or relocation.
CONTRACTOR shall notify the ENGINEER of the presence of any such survey or property monuments as soon as they
are discovered.
F. CONTRACTOR shall be responsible for the damage or destruction of property of any character resulting from
neglect, misconduct, or omission in its manner or method of execution or the non-execution of the work, or caused by
defective work or the use of unsatisfactory materials, and such responsibility shall not be released until the work shall
have been completed and accepted and the requirements of the Construction Specifications complied with.
G. Whenever public or private property is so damaged or destroyed, the CONTRACTOR shall at its own expense,
restore such property to a condition equal to that existing before such damage or injury was done by repairing,
rebuilding, or replacing it as may be directed, or the CONTRACTOR shall otherwise make good such damage or
destruction in an acceptable manner. If the CONTRACTOR fails to do so, the ENGINEER may, after giving the
CONTRACTOR notice in writing, proceed to repair, rebuild, or otherwise restore such property as may be deemed
necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the
CONTRACTOR under its Contract.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings:
1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has
used in preparing the Contract Documents; and
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 ENGINEER has used in preparing the Contract Documents.
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