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<br />2. CONTRACTOR shall not be entitled to any
<br />adjustment in the Contract Price or Contract Times if:
<br />
<br />a. CONTRACTOR knew of the existence of
<br />such conditions at the time CONTRACTOR made a
<br />final commitment to OWNER in respect of Contract
<br />Price and Contract Times by the' submission of a Bid
<br />or becoming boW1d under a negotiated contract; or
<br />
<br />b. the existence of such condition could
<br />reasonably have been discovered or revealed as a
<br />~t of any examination. ihvestigation. .exploration,
<br />test, or study of the Site and contiguous areas
<br />required by the Bidding Requirements or Contract
<br />Documents to be conducted by or for CON-
<br />TRACTOR prior to CONTRACTOR's making such
<br />final commitment; or
<br />
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<br />c. CONTRACTOR failed to give tho written
<br />notice witlUn the time and as required by paragraph
<br />4.03.A.
<br />
<br />~. If OWNER and CONTRACTOR arc unable to
<br />agree on entitlement to or on the amount or extent, if any,
<br />of any adjustment in the Contract Price or Contract
<br />Times, or both. a Claim may .be made therefor as
<br />provided in paragraph 10.05. However, OWNER,
<br />E~G~:IlR, ~ ENOINEliR.'s .Consultants Bhal1 not be
<br />1iableto CONTRACTOR for any claUns, costs, losses, or
<br />~;(~lu.ding..but not limited to aU fees and charges
<br />of engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) 'susUUncd by CONTRACTOR on or in connection
<br />with any other project or anticipated project.
<br />
<br />4.04 Underground Facilities
<br />
<br />A. Shuwn or Indicaled: The information and data shown
<br />or indicated in the Contract Documents with respect to
<br />exUlting UndergrO\D1d Facilities at or contiguous to the Site
<br />is based on information and data furnished to OWNER or
<br />ENGINEER by the owners of such Underground Facilities,
<br />including OWNER, or by others. Unless it is otherwise
<br />expressly provided in the Supplementary Conditions:
<br />
<br />1. OWNER and ENGINEER,' sba11 not be
<br />responsible for the accuracy or completeness of any such
<br />information or data; and
<br />
<br />2. the cost of all of the following wU1 be included in
<br />the Contract Price, and CONTRACTOR shall have full
<br />responsibility for:
<br />
<br />a. reviewing and checking aU such information
<br />and data,
<br />
<br />b. locating all Underground Facilities shown or
<br />indicated in the Contract Documents,
<br />
<br />c. coordination of the Work with the owners of
<br />such Underground Facilities, including OWNER,
<br />during construction. and
<br />
<br />d. the safety and protection of all such Under-
<br />ground Facilities and repairing any damage thereto
<br />resulting from the Work.
<br />
<br />. ". B. Not Shown or Indicated
<br />
<br />1. If an Underground Facility is uncovered or
<br />revealed at or contiguowi to the Site which was not shown
<br />or indicated, or not shown or indicated with reasonable
<br />accuracy in the Contract Documents, CONTRACTOR
<br />sbaU; . promptly after becoming aware thereof and before .
<br />further disturbing conditions affected thereby or
<br />performing any Work in connection therewith (except in
<br />an emergency as required by paragraph 6.16.A), identify
<br />the owner of such Underground Facility and give written
<br />notice to that owner and'to OWNER and ENGINEER.
<br />ENGINEER will promptly review the Underground
<br />Facility and determine the extent, if any, to which a
<br />change is required in the Contract Documents to reflect
<br />and document the consequences of the .existence or
<br />. . Jocation.,of the Underground Facility. During such time,.
<br />. :-, 'CONTRACTOR shall be responsible for the safety md'
<br />.,' ~ pro~tioaofsuch Underground Facility. :. :-::"',""',
<br />
<br />2. If ENGINEER concludes that a change in the
<br />Contract Documents is required, a Work Change
<br />Directive or a Change Order will be issued to reflect and
<br />document such consequences. An equitable adjustment
<br />shall be made in the Contract Price of Contract Times, or
<br />both, to the extent that they are attributable to the
<br />e~stencc or location of any Underground Facility that
<br />was not shown or indicated or not shown or indicated
<br />with reasonable accuracy in the Contract Documents and.
<br />that CONTRACTOR did not know of and could not
<br />reasonably have been expected to be aware of or to have
<br />anticipated. If OWNER and CONTRACTOR are unable
<br />to agree on entitlement to or on the amount or extent, if
<br />any, of any such adjustment in Contract Price or Contract
<br />Times, OWNER or CONTRACTOR may make a Claim
<br />therefor as provided in paragraph 10.0S.
<br />
<br />4.05 Reference Points
<br />
<br />A. OWNER shall provide engineering surveys to
<br />establish reference points for . construction which in
<br />ENGINEER's judgment are necessary to enable CON-
<br />TRACTOR to proceed with the Work. CONTRACTOR
<br />shall be responsible for laying out the Work, sba1l protect and
<br />preserve the established reference points and property
<br />
<br />00100 - 13
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