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Guide Earthwork Specifications Page 2 Upon completion of the construction work,the Contractor shall certify that all compacted fills are in place at the correct locations,have the correct dimensions, and have been constructed in accordance with sound construction practice. SITE AND FOUNDATION CONDITIONS The Contractor is presumed to have visited the site and to have familiarized himself with existing site conditions and the soil report titled, "GEOTECHNICAL INVESTIGATION, EL DORADO APARTMENTS, El Dorado Avenue Southerly of McKinley Park, San Joaquin County,California"; dated April 19, 2002; Job No. 1754-006. The Contractor shall not be relieved of liability under the contract for any loss sustained as a result of any variance between conditions indicated by or deduced from the Geotechnical Investigation and the actual conditions encountered during the course of the work. The Contractor shall,upon becoming aware of surface and/or subsurface conditions differing from those disclosed by the Foundation Investigation,promptly notify the Owner as to the nature and extent of the differing conditions, first verbally to permit verification of the conditions, and then in writing. No claim by the Contractor for any conditions differing from those anticipated in the plans and specifications and disclosed by the Foundation Investigation will be allowed unless the Contractor has so notified the Owner's representative verbally and in writing, as required above, of such changed conditions. DUST The Contractor shall assume responsibility for the alleviation and prevention of any dust nuisance on or about the site. The Contractor shall assume all liability, including court costs of codefendants, for all claims related to dust or wind-blown materials attributable to his work. STREET CLEANING The Contractor shall assume responsibility for cleaning streets or other adjacent property of soil,mud or debris. DEFINITION OF TERMS ENGINEERED FILL-All soil placed at the site in order to raise grades or to backfill excavations and upon which the Soil Engineer has made sufficient tests and/or observations to enable him to issue a written statement that, in his opinion, the fill has been placed and compacted in accordance with the specification requirements. ON-SITE MATERIAL- Material obtained fromthe required site excavations.