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a . Contractor knew of the existence of such d . the safety and protection of all such Under- conditions at the time Contractor made a final ground Facilities and repairing any damage commitment to Owner with respect to Contract thereto resulting from the Work . Price and Contract Times by the submission of a Bid or becoming bound under a negotiated B . Not Shown or Indicated contract; or 1 . If an Underground Facility is uncovered or b . the existence of such condition could revealed at or contiguous to the Site which was not reasonably have been discovered or revealed as a shown or indicated , or not shown or indicated with result of any examination , investigation , explo- reasonable accuracy in the Contract Documents , ration , test, or study of the Site and contiguous Contractor shall , promptly after becoming aware areas required by the Bidding Requirements or thereof and before further disturbing conditions Contract Documents to be conducted by or for affected thereby or performing any Work in Contractor prior to Contractor's making such connection therewith (except in an emergency as final commitment; or required by Paragraph 6 . 16 . A), identify the owner of such Underground Facility and give written notice to c . Contractor failed to give the written notice as that owner and to Owner and Engineer. Engineer will required by Paragraph 4 . 03 . A . promptly review the Underground Facility and determine the extent, if any , to which a change is 3 . If Owner and Contractor are unable to agree on required in the Contract Documents to reflect and entitlement to or on the amount or extent, if any , of document the consequences of the existence or any adjustment in the Contract Price or Contract location of the Underground Facility . During such Times , or both , a Claim may be made therefor as time, Contractor shall be responsible for the safety provided in Paragraph 10 . 05 . However, Owner and and protection of such Underground Facility . Engineer, and any of their Related Entities shall not be liable to Contractor for any claims , costs , losses , 2 . If Engineer concludes that a change in the or damages ( including but not limited to all fees and Contract Documents is required , a Work Change charges of engineers , architects , attorneys , and other Directive or a Change Order will be issued to reflect professionals and all court or arbitration or other and document such consequences . An equitable dispute resolution costs) sustained by Contractor on adjustment shall be made in the Contract Price or or in connection with any other project or anticipated Contract Times , or both , to the extent that they are project . attributable to the existence or location of any Underground Facility that was not shown or indicated 4 . 04 Underground Facilities or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did A . Shown or Indicated: The information and data shown not know of and could not reasonably have been or indicated in the Contract Documents with respect to expected to be aware of or to have anticipated . If existing Underground Facilities at or contiguous to the Owner and Contractor are unable to agree on Site is based on information and data furnished to Owner entitlement to or on the amount or extent, if any , of or Engineer by the owners of such Underground Facili - any such adjustment in Contract Price or Contract ties , including Owner, or by others . Unless it is otherwise Times, Owner or Contractor may make a Claim expressly provided in the Supplementary Conditions : therefor as provided in Paragraph 10 . 05 . 1 . Owner and Engineer shall not be responsible for 4 . 05 Reference Points the accuracy or completeness of any such information or data; and A . Owner shall provide engineering surveys to establish reference points for construction which in Engineer ' s 2 . the cost of all of the following will be included judgment are necessary to enable Contractor to proceed in the Contract Price, and Contractor shall have full with the Work . Contractor shall be responsible for laying responsibility for: out the Work, shall protect and preserve the established reference points and property monuments , and shall make a . reviewing and checking all such information no changes or relocations without the prior written and data, approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is b . locating all Underground Facilities shown or lost or destroyed or requires relocation because of indicated in the Contract Documents , necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of c . coordination of the Work with the owners of such reference points or property monuments by such Underground Facilities , including Owner, professionally qualified personnel . during construction , and EJCDC C-700 Standard Genera Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 13