Reso 2008-1221 - Laserfiche WebLink

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) 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably bave been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such fmal commitment; or c. CONTRACTOR failed to give the written llotice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjusunem in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liabI;: to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to a1J fees and charges of enginecrs, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Undergrowul Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents . with respect, to existing Underground Facilities at or contiguous to the Site . is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACfOR shall have full responsibility for: 8. reviewing and checking all such information and data, 00700 - 13 b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work. with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any danlage thereto resulting from the Work. B, Nor Shown or indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground facility and determine the extent, if any. to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment &hall be made in the Contrnct Price of Contract Times, or both, to the extent that they are attributable to the . existence or locationo! any Underground Facility that was not shown or . indicated or not shown or indicated , with reasonable .accuracy in the Contract Documents and that CONTRACfOR did not know of and could Dot reasonably have been expected to be-aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree OD entitlement to or on the amount or extent, if any. of any such adjustment in Contract Price or Contract Times. OWNER or CONTRACfOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Point~ A. OWNER shall provide engineering surveys to establish reference Points for construction which in ENtHNEER's judgment are Decessary to enable CON- TRACTOR to proceed with the W!Jrk. CONTRACTOR &ball be responsible for laying out the Work. shall protect and preserve the established reference points and property