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
3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions, or information.
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