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safety and protection of such Underground upon or make any Claim against OWNER , Facility. ENGINEER or any of ENGINEER's Consultants with respect to: 2. If ENGINEER concludes that a change in the Contract Documents is required, 1 . the completeness of such reports a Work Change Directive or a Change Order and drawings for CONTRACTOR's purposes, will be issued to reflect and document such including , but not limited to, any aspects of the consequences. An equitable adjustment shall means, methods, techniques, sequences and be made in the Contract Price or Contract procedures of construction to be employed by Times, or both, to the extent that they are CONTRACTOR and safety precautions and attributable to the existence or location of any programs incident thereto; or Underground Facility that was not shown or indicated or not shown or indicated with 20 other data, interpretations, opinions reasonable accuracy in the Contract and information contained in such reports or Documents and that CONTRACTOR did not shown or indicated in such drawings; or know of and could not reasonably have been expected to be aware of or to have anticipated . 3 . any CONTRACTOR interpretation of If OWNER and CONTRACTOR are unable to or conclusion drawn from any "technical data" agree on entitlement to or on the amount or or any such other data, interpretations, opinions extent, if any, of any such adjustment in or information. Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as C . CONTRACTOR shall not be responsible for provided in paragraph 10 . 05 . any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated 4 . 05 Reference Points in Drawings or Specifications or identified in the Contract Documents to be within the scope of the A. OWNER shall provide engineering surveys to Work. CONTRACTOR shall be responsible for a establish reference points for construction which in Hazardous Environmental Condition created with any ENGINEER's judgment are necessary to enable materials brought to the Site by CONTRACTOR , CONTRACTOR to proceed with the Work. CON- Subcontractors, Suppliers, or anyone else for whom TRACTOR shall be responsible for laying out the CONTRACTOR is responsible. Work, shall protect and preserve the established reference points and property monuments, and shall D. If CONTRACTOR encounters a Hazardous make no changes or relocations without the prior Environmental Condition or if CONTRACTOR or written . approval of OWNER. CONTRACTOR shall anyone for whom CONTRACTOR is responsible report to ENGINEER whenever any reference point or creates a Hazardous Environmental Condition , property monument is lost or destroyed or requires CONTRACTOR shall immediately: (i) secure or relocation because of necessary changes in grades or otherwise isolate such condition ; (ii) stop all Worts in locations, and shall be responsible for the accurate connection with such condition and in any area replacement or relocation of such reference points or affected thereby (except in an emergency as required property monuments by professionally qualified by paragraph 6. 16) ; and (iii) notify OWNER and ENGI - personnel . NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with 4 . 06 Hazardous Environmental Condition at Site ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or A. Reports and Drawings: Reference is made to take corrective action , if any. the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous E. CONTRACTOR shall not be required to Environmental Condition identified at the Site, if any, resume Work in connection with such condition or in that have been utilized by the ENGINEER in the any affected area until after OWNER has obtained any preparation of the Contract Documents. required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such B. Limited Reliance by CONTRACTOR on condition and any affected area is or has been Technical Data Authorized: CONTRACTOR may rely rendered safe for the resumption of Worts; or (ii) upon the general accuracy of the "technical data" specifying any special conditions under which such contained in such reports and drawings, but such Work may be resumed safely. If OWNER and reports and drawings are not Contract Documents. CONTRACTOR cannot agree as to entitlement to or Such "technical data" is identified in the on the amount or extent, if any, of any adjustment in Supplementary Conditions. Except for such reliance Contract Price or Contract Times, or both , as a result on such "technical data , " CONTRACTOR may not rely of such Work stoppage or such special conditions 00700 - General Conditions REV 04-07.doc 00700 - 13 FAPublic Works%ENGINEERING DIVISION PROJECTSM45-68Th Ave SR60 to 57th St (Arcadis)MrnimlBid Documents\00700 - General Conditions REV 04-07.doc