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<br />. A. OWNER IbaIJ provide ~riDg surveys to <br />establish refereace pom for c:oasttuctioD which in <br />ENGINEER'. J~ are DeC:e$W)' to enable CON- <br />TRACfOR. to proc:ccd widl the W~rt. CONTRACfOR. <br />sbalI be respoaslble for IayiD& _die Work, sbalI procect aDd <br />presene die ~l.i.shed refcrcuce points aDd property <br />00700 -13 <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />2. CONTRACTOR shall DOt be entitled to my <br />adjusUDeDl in the Contract Price or Conttact Times if: <br /> <br />LJ\ <br /> <br />\l <br /> <br />a. CONTRACTOR. knew of the existCDCC of <br />such conditions at the time CONTRACTOR made a <br />fmal commiUDCDt to OWNER in respect of ContraCt <br />Price and CoDtnCt Times by the submission of a Bid <br />or becoming bound under a negotialcd contraet; or <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />b. the existc:occ of such condition could <br />reasonably have been discovered or revealed as a <br />result of any ~"'lImirllltion. investigation, exploration, <br />test, or study of the Site and contiguous areas <br />required by the Bidding Requirements or Contract <br />DocumeDlS to be conducted by or for CON- <br />TRACTOR prior to CONTRACTOR's making such <br />fmal commitment; or <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />n <br />U <br /> <br />c. CONTRACTOR. failed to give the written <br />notice within the time and as required by paragraph <br />4.03.A. <br /> <br />n <br /> <br />u <br /> <br />3. If OWNER and CONTRACTOR are 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 />ENGINEER, aod ENGINEER's Consultants shall DOt be <br />liable to CONTRACTOR for any claims, costs, losses, or <br />dam8ges (including but DOt 1imiu:d to aU fees and charges <br />of ~--s. architects, attorneys, aod odJer professionals <br />and all c:oun or arbitradcm or other dispute resolution <br />COllI) sustaiDccl by CONTRACTOR OIl or in coDDedion <br />wid1 any otber project or lDIicipated project. <br /> <br />(1 <br /> <br />LJ <br /> <br />n <br />LJ <br /> <br />n <br />u <br /> <br />n <br />u <br /> <br />41.04 Underground FtId/JIies <br /> <br />A. SIIDtIIft Dr 1n4ictIH4. 'I1Ie iafonnadaI1 aad dara .1howD <br />or jMito.ated ill tile CODtrICt Doc:umenls .with respect.to <br />existiD& UndcqrouDd Facilides at or CODliguous to the Site. . <br />is based OIl information aad data fumisbcd to OWNER or <br />ENGINEER by the owaerI of such UDdergroUDd Pacilities, <br />iDcluding OWNER. or by otben. Unless it is ,otherwUc <br />expressly provided in die Supplementary Conditions: <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />1. OWNER aod ENGINEER shall DOt be <br />rcspoasible for die ICCUl'ICY or completcllesS of any such <br />information or data; ad <br /> <br />n <br /> <br />u <br /> <br />2. the c:ost of aD of cbe foUowiDg wUI be iDcIuded in <br />the CoatrIct Price, ad CONTRACTOR shaD ha~ full <br />rapoasibDity for: <br /> <br />n <br />u <br /> <br />.. reviewiDg aad c:bI'1"Hng aU such information <br />IDd data. <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />b. locating aU UDdcrgrouDd Pacilities shown or <br />indicated in the ContraCt DocumeDts, <br /> <br />c. coordination of the Work with the owners of <br />such Underground FacUitics, 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 IndicaJed <br /> <br />1. If an Underground FacUity is uncovered or <br />revealed at or contiguous to the Site which was DOt shown <br />or indicated, or not shown or indicated with reasonable <br />accuracy in the Contract Documents. CONTRACTOR <br />shall, promptly after becoming aware thereof and before <br />further disturbiag conditions aft'ccted thereby or <br />performing any Work in c:onoeetion therewith (except in <br />an cmcrgcocy u required by paragraph 6.16.A), identify <br />Ibc owuer of such UDdcrgroUDd Facility aud 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 />location of the Underground FacUity. During such time, <br />CONTRACTOR sha11 be responsible for the safety and <br />protection of such Underground Facility. <br /> <br />2. If ENGINEER. coacludcs .that a change in the <br />CODtrICt Docu~ is required, a Work ChaD&e <br />Directive or a 0wJge Order will be issued to reflect aud <br />docu1Dent such conscqucaccs. An equitable adjUSUDcll1 <br />sbaJ1 be made IIlIIIe Comact Price of Conttact Times. or <br />boch, to.dIe eDeIIt tbal dJey are attributable to die <br />. . ~ or 1ocatioIl,of my UDdeqruund Facility Chat <br />.~. was DOt'shown or .iPdjMIted or DOt showi1 or indicated <br />. .~, widJ"n:uomJh1c ~-l':)' in the Conttact Documents and <br />. that CONTRACTOR did DOt blow of and could DOt <br />reasonably have been cxpeeted to be-aware of or to have <br />.nt~ed. If OWNER aad CONTRACTOR are UD&b1e <br />to agree 011 entidcmcnt to or on the amount or extent. if <br />any. of lIlY such IIdjustmclll in Comract Price or Contract <br />Tunes, OWNER or CONTRACTOR may make a C1alm <br />therefor as provided in paragraph 10.OS. <br /> <br />41.0S R~erence PDinl~ <br />