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Contractor is satisfied as to the character, quality and quantity of surface and subsurface <br />materials or obstacles to be encountered insofar as this information is reasonably <br />ascertainable from inspection of the Project site, including all exploratory work done by the <br />Owner, as well as from information presented by the Contract Documents, or any other <br />information made available to the Contractor prior to receipt of bids. Any failure by the <br />Contractor to become acquainted with the available information shall not relieve the <br />Contractor from the responsibility for estimating properly the difficulty or cost of successfully <br />performing the Work. <br />3.2 The Contractor shall be entitled to rely upon all information furnished to the Contractor in <br />writing by the CM with respect to the Project site and to make all inferences from it that <br />would reasonably be made by a contractor having knowledge and experience with similar <br />work; however, the Contractor shall not be entitled to infer from CM-supplied information <br />any fact or condition which would not be inferred by a contractor having knowledge and <br />experience with similar work and, if the CM-supplied information is inadequate or <br />insufficient in any respect, the Contractor shall be required to obtain independently such <br />other information as a knowledgeable and experienced contractor would prudently obtain in <br />order to evaluate any such condition. <br />3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, <br />ordinances, rules, and regulations which may in any manner affect those engaged or <br />employed in the Work, or the materials or equipment in or about the Work, or in any way <br />affect the conduct of the Work and agrees that the Contractor and the Contractor's <br />employees, Subcontractors, and suppliers will, at all times, comply with same. If the <br />Contractor shall discover any provisions in the Contract Documents which are contrary to <br />or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall <br />immediately give notice thereof to the CM in writing, identifying any items of Work affected, <br />and the Contractor shall not proceed until the Contractor has received written direction from <br />the CM with respect to these items. If the Contractor performs contrary to or inconsistently <br />with any such law, ordinance, rule, or regulation without giving such notice, the Contractor <br />shall bear all costs which are a consequence of such performance. <br />3.4 At times selected by the CM after execution by the Contractor of the Construction <br />Agreement, a pre-construction conference shall be scheduled and conducted for the <br />benefit of the Project. <br />ARTICLE 4. BONDS <br />4.1 A performance bond in the full amount of the Contract Price, and subject to changes in the <br />Contract Price, may be required of the Contractor to guarantee the faithful performance of <br />the Work in compliance with the Contract Documents, in such form as may be required by <br />law and approved by the Owner. If required, the bond shall be dated the same date as the <br />Construction Agreement and must be accompanied by a current copy of the power of <br />attorney for the attorney-in-fact executing such bond on behalf of a surety company <br />licensed to do business in the state of North Carolina. <br />4.2 A payment bond in the full amount of the Contract Price, and subject to changes in the <br />Contract Price, may be required of the Contractor to guarantee the payment of all labor and <br />material costs or claims in connection with compliance with the Contract. If required, the <br />payment bond shall be in such form as may be required by law and approved by the <br />Owner. Said bond shall be dated and executed in the same manner as the performance <br />bond in paragraph 4.1. <br />ARTICLE 5. INSURANCE AND INDEMNITY <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 8 of 43 JUNE 2~~/ EDITION <br />