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<br />1. If an Underground Facility is uncovered or
<br />revealed at or contiguous to the Site which was not shown
<br />or indicated, or not shown or indicated with reasonable
<br />accuracy in the Contract Documents, Contractor shall,
<br />promptly after becoming aware thereof and before further
<br />disturbing conditions affected thereby or performing any
<br />Work in connection therewith (except in an emergency as
<br />required by Paragraph 6.16.A), identify the owner of such
<br />Underground Facility and give written notice to that
<br />owner and to Owner and Engineer. Engineer will
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved,
<br />00700 - 13
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<br />c. Contractor failed to give the written notice as
<br />required by Paragraph 4.03.A.
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<br />3. If Owner and Contractor are unable to agree
<br />on entitlement to or on the amount or extent, if any, of
<br />any adjustment in the Contract Price or Contract Times,
<br />or both, a Claim may be made therefor as provided in
<br />Paragraph 10.05. However, Owner and Engineer, and any
<br />of their Related Entities shall not be liable to Contractor
<br />for any claims, costs, losses, or damages (including but
<br />not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) sustained by
<br />Contractor on or in connection with any other project or
<br />anticipated project.
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<br />4.04 Underground Facilities
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<br />A. Shown or Indicated: The information and data
<br />shown or indicated in the Contract Documents with
<br />respect to existing Underground Facilities at or
<br />contiguous to the Site is based on information and data
<br />furnished to Owner or Engineer by the owners of such
<br />Underground Facilities, including Owner, or by others.
<br />Unless it is otherwise expressly provided in the Sup-
<br />plementary Conditions:
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<br />I. Owner and Engineer shall not be responsible
<br />for the accuracy or completeness of any such information
<br />or data; and
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<br />2. the cost of all of the following will be
<br />included in the Contract Price, and Contractor shall have
<br />full responsibility for:
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<br />a. reviewing and checking all such information
<br />and data,
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<br />b. locating all Underground Facilities shown or
<br />indicated in the Contract Documents,
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<br />c. coordination of the Work with the owners of
<br />such Underground Facilities, including Owner,
<br />during construction, and
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<br />d. the safety and protection of all such Under-
<br />ground Facilities and repairing any damage
<br />thereto resulting from the Work.
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<br />B. Not Shown or Indicated
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<br />promptly review the Underground Facility and determine
<br />the extent, if any, to which a change is required in the
<br />Contract Documents to reflect and document the
<br />consequences of the existence or location of the Under-
<br />ground Facility. During such time, Contractor shall be
<br />responsible for the safety and protection of such
<br />Underground Facility.
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<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 or Contract Times, or
<br />both, to the extent that they are attributable to the
<br />existence 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 reasonably
<br />have been expected to be aware of or to have anticipated.
<br />If Owner and Contractor are unable to agree on
<br />entitlement to or on the amount or extent, if any, of any
<br />such adjustment in Contract Price or Contract Times,
<br />Owner or Contractor may make a Claim therefor as
<br />provided in Paragraph 10.05.
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<br />4.05 Reference Points
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<br />A. Owner shall provide engineering surveys to
<br />establish reference points for construction which in
<br />Engineer's judgment are necessary to enable Contractor
<br />to proceed with the Work, Contractor shall be responsible
<br />for laying out the Work, shall protect and preserve the
<br />established reference points and property monuments, and
<br />shall make no changes or relocations without the prior
<br />written approval of Owner. Contractor shall report to
<br />Engineer whenever any reference point or property
<br />monument is lost or destroyed or requires relocation
<br />because of necessary changes in grades or locations, and
<br />shall be responsible for the accurate replacement or
<br />relocation of such reference points or property
<br />monuments by professionally qualified personnel.
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<br />4.06
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<br />Hazardous Environmental Condition at Site
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<br />A. Reports and Drawings: Reference is made to
<br />the Supplementary Conditions for the identification of
<br />those reports and drawings relating to a Hazardous
<br />Environmental Condition identified at the Site, if any, that
<br />have been utilized by the Engineer in the preparation of
<br />the Contract Documents.
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<br />B. Limited Reliance by Contractor on Technical
<br />Data Authorized: Contractor may rely upon the general
<br />accuracy of the "technical data" contained in such reports
<br />and drawings, but such reports and drawings are not
<br />Contract Documents. Such "technical data" is identified
<br />in the Supplementary Conditions. Except for such reliance
<br />on such "technical data," Contractor may not rely upon or
<br />make any claim against Owner or Engineer, or any of
<br />their Related Entities with respect to:
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