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' b. with respect to Work that is paid for on a Unit Price Basis , any adjustment in Contract Price c . coordination of the Work with the owners of will be subject to the provisions of paragraphs 9 . 08 such Underground Facilities , including OWNER, ' and 11 . 03 . during construction, and 2. CONTRACTOR shall not be entitled to any d . the safety and protection of all such Under- adjustment in the Contract Price or Contract Times if: ground Facilities and repairing any damage thereto ' a. CONTRACTOR knew of the existence of resulting from the Work. such conditions at the time CONTRACTOR made a B . Not Shown or Indicated final commitment to OWNER in respect of Contract ' Price and Contract Times by the submission of a Bid 1 . If an Underground Facility is uncovered or or becoming bound under a negotiated contract; or revealed at or contiguous to the Site which was not shown or indicated , or not shown or indicated with b. the existence of such condition could reasonable accuracy in the Contract Documents , CON- reasonably have been discovered or revealed as a TRACTOR shall , promptly after becoming aware thereof result of any examination , investigation , exploration , and before further disturbing conditions affected thereby test, or study of the Site and contiguous areas or performing any Work in connection therewith (except required by the Bidding Requirements or Contract in an emergency as required by paragraph 6. 16.A), ' Documents to be conducted by or for CON- identify the owner of such Underground Facility and give TRACTOR prior to CONTRACTOR's making such written notice to that owner and to OWNER and ENGI- final commitment; or NEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to which ' c. CONTRACTOR failed to give the written a change is required in the Contract Documents to notice within the time and as required by paragraph reflect and document the consequences of the existence 4. 03.A. or location of the Underground Facility. During such time , CONTRACTOR shall be responsible for the safety ' 3 . If OWNER and CONTRACTOR are unable to and protection of such Underground Facility. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract 2. If ENGINEER concludes that a change in the Times , or both , a Claim may be made therefore as Contract Documents is required , a Work Change provided in paragraph 10.05. However, OWNER, Directive or a Change Order will be issued to reflect and ENGINEER, and ENGINEER's Consultants shall not be document such consequences . An equitable liable to CONTRACTOR for any claims , costs , losses , or adjustment shall be made in the Contract Price of damages (including but not limited to all fees and Contract Times , or both , to the extent that they are ' charges of engineers , architects , attorneys , and other attributable to the existence or location of any professionals and all court or arbitration or other dispute Underground Facility that was not shown or indicated or resolution costs ) sustained by CONTRACTOR on or in not shown or indicated with reasonable accuracy in the connection with any other project or anticipated project. Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected 4. 04 Underground Facilities to be aware of or to have anticipated . If OWNER and CONTRACTOR are unable to agree on entitlement to or A. Shown or Indicated. The information and data shown on the amount or extent, if any, of any such adjustment ' or indicated in the Contract Documents with respect to existing in Contract Price or Contract Times , OWNER or Underground Facilities at or contiguous to the Site is based on CONTRACTOR may make a Claim therefore as information and data furnished to OWNER or ENGINEER by the provided in paragraph 10. 05. owners of such Underground Facilities , including OWNER, or by others . Unless it is otherwise expressly provided in the Sup- 4 . 05 Reference Points plementary Conditions : A. OWNER shall provide engineering surveys to 1 . OWNER and ENGINEER shall not be establish reference points for construction which in responsible for the accuracy or completeness of any ENGINEER's judgment are necessary to enable CON- such information or data ; and TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve 2. the cost of all of the following will be included in the established reference points and property monuments , and the Contract Price, and CONTRACTOR shall have full shall make no changes or relocations without the prior written responsibility for: approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property a . reviewing and checking all such information monument is lost or destroyed or requires relocation because of ' and data , necessary changes in grades or locations , and shall be responsible for the accurate replacement or relocation of such b. locating all Underground Facilities shown or reference points or property monuments by professionally indicated in the Contract Documents , qualified personnel . 044572000 00700 - 11