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OWNER in writing (with a copy to CONTRACTOR) of dispute resolution costs) sustained by ENGINEER's findings and conclusions. CONTRACTOR on or in connection with any other project or anticipated project. C . Possible Price and Times Adjustments 4 . 04 Underground Facilities 1 . The Contract Price or the Contract Times, or both , will be equitably adjusted to the A. Shown or Indicated: The information and data extent that the existence of such differing shown or indicated in the Contract Documents with subsurface or physical condition causes an in- respect to existing Underground Facilities at or crease or decrease in CONTRACTOR's cost contiguous to the Site is based on information and of, or time required for, performance of the data furnished to OWNER or ENGINEER by the Work; subject, however, to the following : owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise a. such condition must meet any one or expressly provided in the Supplementary Conditions: more of the categories described in para- graph 4.03.A; and 1 . OWNER and ENGINEER shall not be responsible for the accuracy or com- b. with respect to Work that is paid for pleteness of any such information or data; and on a Unit Price Basis , any adjustment in Contract Price will be subject to the 20 the cost of all of the following will be provisions of paragraphs 9 . 08 and 11 . 03. included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or a. reviewing and checking all such Contract Times if: information and data, a. CONTRACTOR knew of the b. locating all Underground Facilities existence of such conditions at the time shown or indicated in the Contract CONTRACTOR made a final commitment Documents, to OWNER in respect of Contract Price and Contract Times by the submission of a Bid c. coordination of the Work with the or becoming bound under a negotiated owners of such Underground Facilities , contract; or including OWNER, during construction , and b. the existence of such condition could d . the safety and protection of all such reasonably have been discovered or Underground Facilities and repairing any revealed as a result of any examination , damage thereto resulting from the Work. investigation , exploration , test, or study of the Site and contiguous areas required by B. Not Shown or Indicated the Bidding Requirements or Contract Documents to be conducted by or for CON- 1 . If an Underground Facility is TRACTOR prior to CONTRACTOR's uncovered or revealed at or contiguous to the making such final commitment; or Site which was not shown or indicated , or not shown or indicated with reasonable accuracy in c. CONTRACTOR failed to give the the Contract Documents, CONTRACTOR shall , written notice within the time and as re- promptly after becoming aware thereof and quired by paragraph 4. 03.A. before further disturbing conditions affected thereby or performing any Work in connection 3 . If OWNER and CONTRACTOR are therewith (except in an emergency as required unable to agree on entitlement to or on the by paragraph 6. 16.A) , identify the owner of amount or extent, if any, of any adjustment in such Underground Facility and give written the Contract Price or Contract Times, or both , a notice to that owner and to OWNER and ENGI - Claim may be made therefor as provided in NEER. ENGINEER will promptly review the paragraph 10 .05 . However, OWNER , Underground Facility and determine the extent, ENGINEER, and ENGINEER's Consultants if any, to which a change is required in the shall not be liable to CONTRACTOR for any Contract Documents to reflect and document claims, costs , losses, or damages (including the consequences of the existence or location but not limited to all fees and charges of of the Underground Facility. During such time, engineers, architects, attomeys, and other CONTRACTOR shall be responsible for the professionals and all court or arbitration or other 00700 - General Conditions REV 0"Tdoc 00700 - 12 Pftblic Works\ENGINEERING DIVISION PROJECTS10545,66Th AVG SR60 to 57th St (Aroadis)V{dmim\Bid Doc uments\00700 - General Conditions REV 0"Tdoc