General Requirements and Covenants (2)

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• • • When the contract plan includes a log of test borings showing a record of the data obtained by the Departments investigation of subsurface conditions, said log represents only the opinion of the Department as to the character of material encountered by it in its test borings and there is no warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work or any part of it, or that unforseen developments may not occur. Information respecting the site of the work given on the drawings or specifications has been obtained by the Department and is believed to be reason- ably correct, however, it is the responsibility of the bidder to verify all such information Any utilities that the Contractor encounters during the progress of the work, such as telephone ducts, electric ducts, water lines, sewer lines, electric lines and drainage pipes, whether shown or not on the contract plans, shall not be disturbed or damaged unless otherwise instructed in the plans and specifications: The Contractor shall investigate, by actual digging in the field, the location of the utility lines and their branch and service lines. In the event the utilities are damaged or disturbed by the Contractor, the Contractor shall be held liable for the damaged or disturbed utilities which were: a, Shown on the plan or called for in the specification b. Located and exposed on the job as it progressed c. Pointed out to the Contractor in the field The contractor shall repair the damaged or disturbed utilities to the existing condition at no cost to the County or the project, Any damage claims due to the disruption of service caused by the utilities being damaged shall be paid by the Contractor who shall save harmless the County from all suits, actions or claims of any character brought on account of such damages. In the event utilities which were not shown on the plans and specifications are damaged or disturbed by the Contractor, the Contractor shall not be held liable but shall notify the Engineer. Upon instruction from the Engineer, the Contractor shall repair all damages which shall be considered to be additional work as covered by Section 4-2(c) "ADDITIONAL WORK". The Contractor shall have, however, checked with and verified utility locations with the respective agencies. Utilities which must be relocated due to construction and not indicated in the plans and specifications shall also be considered to be additional work as covered by Section 4.2(c) ''ADDITIONAL WORK". The Contractor shall not in any case if he encounters underground utilities proceed with any work until he has notified the Engineer, No information derived from such inspection of records ef.'subsurface investigations made by the Department or from the Engineer or from his autho- rized representative or from maps, plans; specifications or drawings will in - any way relieve the Contractor from any risk or from properly fulfilling all the terms of the contract- The log test borings if included in the plans are only for the convenience of the bidder and do not constitute a part of the contract_ Section 2 Page 7