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.
B. Limited Reliance by CONTRACTOR on Technical Data Authorized:
CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and
drawings, but such reports and drawings are not 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, ENGINEER, or any of ENGINEER’s Consultants with respect to:
1. The completeness of such reports and drawings for CONTRACTOR’s 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
2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in
such drawings; or
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