AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS. Availability of Lands: 4.1 OWNER shall secure, as indicated in the Contract Documents, rights of way, easements, and/or lands to be occupied by the finished construction, with only such additional construction easements as shown for use of the CONTRACTOR in carrying out his work. The CONTRACTOR shall take proper measures to protect all property within all construction easements which might be injured by any process of construction; and in case of any injury or damage, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in an acceptable manner. If CONTRACTOR believes that any delay in OWNERS furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions - Investigations and Reports: 4.2 Reference is made to the Supplementary Conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work that have been relied upon by PROJECT MANAGER in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. If reports were not required by the PROJECT MANAGER for preparation of the Drawings and Specifications, no reference is made in the Supplementary Conditions. 4.3 Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. Reference Points: 4.4 OWNER shall provide Engineering surveys for construction to establish only reference points that in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall provide the services of a Registered Professional Engineer (Texas Licensed) or a Registered Professional Land Surveyor (Texas Licensed). Said professional will direct contract surveying with all associated costs bore by the CONTRACTOR at no additional cost to the OWNER. CONTRACTOR shall report to PROJECT MANAGER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professionally qualified personnel such as a Registered Professional Engineer (Texas licensed) or Registered Professional Land Surveyor (Texas licensed). The OWNER will from time to time verify the layout of the Work and if found in error, the CONTRACTOR will bear all costs to the OWNER for the re-verification and correction of errors in layout of the Work.
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