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33.1. As far as possible, all existing utility lines in the Project area have been shown on <br />the plans. However, City does not guarantee that all lines are shown, or that the <br />ones indicated are in their true location. It shall be the Contractor's responsibility <br />to identify and locate all underground and overhead utility lines or equipment <br />affecting or affected by the Project. No additional payment will be made to the <br />Contractor because of discrepancies in actual and plan location of utilities, and <br />damages suffered as a result thereof. <br />33.2. The Contractor shall notify each utility company involved at least ten (10) days <br />prior to the start of construction to arrange for positive underground location, <br />relocation or support of its utility where that utility may be in conflict with or <br />endangered by the proposed construction. Relocation of water mains or other <br />utilities for the convenience of the Contractor shall be paid by the Contractor. All <br />charges by utility companies for temporary support of its utilities shall be paid for <br />by the Contractor. All costs of permanent utility relocation to avoid conflict shall be <br />the responsibility of the utility company involved. No additional payment will be <br />made to the Contractor for utility relocations, whether or not said relocation is <br />necessary to avoid conflict with other lines. <br />33.3. The Contractor shall schedule the work in such a manner that the work is not <br />delayed by the utility providers relocating or supporting their utilities. The <br />Contractor shall coordinate its activities with any and all public and private utility <br />providers occupying the right-of-way. No compensation will be paid to the <br />Contractor for any loss of time or delay. <br />33.4. All overhead, surface or underground structures and utilities encountered are to <br />be carefully protected from injury or displacement: All damage to such structures <br />is to be completely repaired within a reasonable time; needless delay will not be <br />tolerated. The City reserves the right to remedy such damage by ordering outside <br />parties to make such repairs at the expense of the Contractor. All such repairs <br />made by the Contractor are to be made to the satisfaction of the utility owner. All <br />damaged utilities must be replaced or fully repaired. All repairs are to be inspected <br />by the utility owner prior to backfilling. <br />34. Value Engineering: <br />Contractor may request substitution of materials, articles, pieces of equipment or any <br />changes that reduce the Contract Price by making such request to Consultant in writing. <br />Consultant will be the sole judge of acceptability, and no substitute will be ordered, <br />installed, used or initiated without Consultant's prior written acceptance which will be <br />evidenced by either a Change Order or an approved Shop Drawing. However, any <br />substitution accepted by Consultant shall not result in any increase in the Contract Price <br />or Contract Time. By making a request for substitution, Contractor agrees to pay directly <br />to Consultant all Consultant's fees and charges related to Consultant's review of the <br />request for substitution, whether or not the request for substitution is accepted by <br />Consultant. Any substitution submitted by Contractor must meet the form, fit, function and <br />life cycle criteria of the item proposed to be replaced and there must be a net dollar savings <br />including Consultant review fees and charges. If a substitution is approved, the net dollar <br />savings shall be shared equally between Contractor and City and shall be processed as <br />a deductive Change Order. City may require Contractor to furnish at Contractor's expense <br />33 <br />370 <br />