Common use of Existing Conditions Clause in Contracts

Existing Conditions. (a) The Contractor represents that its representatives have visited the site and become familiar with existing and local conditions, which may affect the work and has included all costs associated therewith in its Bid. (b) If information on subsurface soil conditions was obtained for design purposes, the Contractor may rely on the boring logs as a representation of soils that existed at the location of the boring at the time the borings were made, but may not rely on the interpretations or opinions contained in the report nor on the completeness of adequacy of the information for the Contractor’s construction purposes. (c) The Contractor shall be responsible for: (i) verifying the existence and location of all utilities and underground facilities, including the use of potholing, hand excavations and hand demolitions; (ii) coordinating work with BSA’s Modernization Project Office; (iii) protection of concealed and underground utilities and underground facilities from damage; (iv) the repair or replacement of utilities or underground facilities damaged by the Contractor’s failure to exercise reasonable care; and (v) damage to others due to loss of utility service resulting from the Contractor’s operations.

Existing Conditions. ‌ (a) The Contractor represents that its representatives have visited the site and become familiar with existing and local conditions, which may affect the work and has included all costs associated therewith in its Bid. (b) If information on subsurface soil conditions was obtained for design purposes, the Contractor may rely on the boring logs as a representation of soils that existed at the location of the boring at the time the borings were made, but may not rely on the interpretations or opinions contained in the report nor on the completeness of adequacy of the information for the Contractor’s construction purposes. (c) The Contractor shall be responsible for: (i) verifying the existence and location of all utilities and underground facilities, including the use of potholing, hand excavations and hand demolitions; (ii) coordinating work with BSA’s Modernization Project Office; (iii) protection of concealed and underground utilities and underground facilities from damage; (iv) the repair or replacement of utilities or underground facilities damaged by the Contractor’s failure to exercise reasonable care; and (v) damage to others due to loss of utility service resulting from the Contractor’s operations.