Subsurface and Physical Conditions. Whenever the Contractor notifies the Consultant or City of subsurface or physical conditions at the site which the contract for construction provides should be so notified, the Consultant will advise the City and review the conditions at the site. The Consultant will advise the City as to the appropriate action(s) and will assist the City in responding to the Contractor.
Subsurface and Physical Conditions. A. The Supplementary Conditions identify:
1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site;
2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and
3. Technical Data contained in these reports and drawings.
B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions.
C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner’s Indemnitees with respect to:
1. The completeness of reports and drawings for Contractor’s purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor’s safety precautions and programs;
2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or
3. Contractor’s interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information.
Subsurface and Physical Conditions. A. Reports and drawings were provided to Construction Manager as part of the Request for Proposal/Invitation to Bid and are attached as part of Composite Exhibit “H”.
Subsurface and Physical Conditions. 5.2.1 Reference is made to the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents, and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents.
Subsurface and Physical Conditions. Whenever the Contractor notifies the Consultant that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, or that may require a change in the Contract Documents, the Consultant shall notify the Designer. The Consultant shall receive from the Designer and transmit to the Contractor all information necessary to specify any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order.
Subsurface and Physical Conditions. Whenever the Contractor notifies the PM that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, the PM shall notify the Design Professional. The PM shall receive from the Design Professional and transmit to the Contractor all information necessary to specify any design changes required to be responsive to the differing or changed condition and if, necessary, shall prepare a change order as indicated in Paragraph 5.1.9.
Subsurface and Physical Conditions. The Contractor is responsible for examining and determining for itself the location and nature of the proposed Work, the amount and character of the labor and materials required therefor, and the difficulties which may be encountered. The Contractor may not rely on oral or written representations made by the Town, including reports and drawings, unless the Town has guaranteed in writing that such representation is factually accurate, and by submitting its Bid, Contractor waives all liability for any error in any representation made by the Town to Contractor. Contractor shall inspect the site and its surroundings and conduct such supplementary examinations, investigations, and tests concerning conditions at or contiguous to the site (including surface and subsurface) which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto for performing the Work in accordance with the Contract Documents. By failing to make such an inspection, the Contractor waives all rights to claim extra payment or time extensions due to unexpected conditions, which could have been determined had the site been reasonably inspected. If concealed or unknown conditions differ materially from those ordinarily encountered and generally recognized as inherent in the Work, or differ materially from the conditions indicated in the Contract Documents, then an equitable adjustment in the Contract Price or in the Contract Time will be allowed by change order as provided in Article 10 or Article 11 respectively. By submitting its Bid, the Contractor represents that the Contractor's observations at the site are not inconsistent with the requirements of the proposed Contract Documents, unless otherwise noted by the Contractor.
Subsurface and Physical Conditions. 5.2.1 CONTRACTOR affirms that CONTRACTOR has carefully examined the Plans, the Site-Related Reports, if any. CONTRACTOR acknowledges that the Site-Related Reports are not a guarantee of specific site conditions which may vary between boring locations, and that the Project Site is unwarranted.
5.2.2 CONTRACTOR affirms that prior to executing this Contract, CONTRACTOR has had the opportunity to become familiar with the Project Site and the local conditions under which the Project is to be constructed and operated, and to undertake its own geotechnical studies to the extent that CONTRACTOR deems appropriate. CONTRACTOR will not be entitled to any additional time or compensation as a result of any conditions at the Project Site which would have been disclosed to CONTRACTOR by a site visit or by undertaking its own geotechnical studies.
5.2.3 CONTRACTOR will provide the OWNER written notice as soon as reasonably possible, but no later than three days, if unforeseen conditions are encountered at the Project Site which are subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature that differ materially from those normally encountered in the type of work being performed under this Contract. CONTRACTOR may not disturb the conditions until the OWNER conducts an investigation. The OWNER will promptly investigate such conditions.
.1 If it is determined that such conditions differ materially and cause an increase or decrease in CONTRACTOR's cost of or time required for performance of any part of the Work, the Contract Administrator will recommend an equitable adjustment in the Contract Price or Contract Time, or both. If it is determined that such conditions are not materially different from those indicated in the Contract Documents, the Contract Administrator will notify CONTRACTOR in writing of such findings and the Contract will not be adjusted.
.2 CONTRACTOR will be liable to the OWNER for failure to report any such conflict, error, ambiguity, or discrepancy of which CONTRACTOR knew or reasonably should have known, and for CONTRACTOR’s failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents within said three-day period, and for any increases in Project costs, or damages accruing, in
5.2.4 Notwithstanding any other provision of this Contract, CONTRACTOR is solely responsible for the location and protection of any an...
Subsurface and Physical Conditions. The Contractor may rely upon the general accuracy of any technical data contained in such reports and drawings. Such technical data is identified in the Special Conditions, Plans, or other sections of the Contract Documents. The Contractor may not rely upon or make any claim against the Owner or Owner’s Representative with respect to:
a. The completeness of such reports and drawings for Contractor's purposes including any aspects of the means, methods, techniques, sequences and procedures of construction to be used by the Contractor and safety precautions and programs incident thereto, or
b. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or
c. Any Contractor interpretation of or conclusion drawn from any technical data.
Subsurface and Physical Conditions. Add SC-4.02.C from above and the following as SC-4.02.D:
