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<br /> OWNER in writing (with a copy to CONTRACTOR) of dispute resolution costs ) sustained by
<br /> ENGINEER's findings and conclusions . CONTRACTOR on or in connection with any
<br /> other project or anticipated project .
<br /> C . Possible Price and Times Adjustments
<br /> 4 . 04 Underground Facilities
<br /> 1 . The Contract Price or the Contract
<br /> Times , or both , will be equitably adjusted to the A . Shown or Indicated: The information and data
<br /> extent that the existence of such differing shown or indicated in the Contract Documents with
<br /> subsurface or physical condition causes an in respect to existing Underground Facilities at or
<br /> crease or decrease in CONTRACTOR's cost contiguous to the Site is based on information
<br /> and
<br /> of, or time required for, performance of the data furnished to OWNER or ENGINEER by the
<br /> Work ; subject , however , to the following : owners of such Underground Facilities , including
<br /> OWNER , or by others . Unless it is otherwise
<br /> a , such condition must meet any one or expressly provided in the Supplementary Conditions :
<br /> more of the categories described in para-
<br /> graph 4 . 03 .A; and 1 . OWNER and ENGINEER shall not
<br /> be responsible for the accuracy or com -
<br /> b . with respect to Work that is paid for pleteness of any such information or data ; and
<br /> i on a Unit Price Basis , any adjustment in
<br /> Contract Price will be subject to the 20 the cost of all of the following will be
<br /> provisions of paragraphs 9 . 08 and 11 . 03 . included in the Contract Price , and CONTRAC-
<br /> T TOR shall have full responsibility for :
<br /> 2 . CONTRACTOR shall not be entitled
<br /> to any adjustment in the Contract Price or a , reviewing and checking all such
<br /> Contract Times if: information and data ,
<br /> a . CONTRACTOR knew of the b . locating all Underground Facilities
<br /> existence of such conditions at the time shown or indicated in the Contract
<br /> CONTRACTOR made a final commitment Documents ,
<br /> to OWNER in respect of Contract Price and
<br /> Contract Times by the submission of a Bid c . coordination of the Work with the
<br /> or becoming bound under a negotiated owners of such Underground Facilities ,
<br /> contract; or including OWNER , during construction , and
<br /> b , the existence of such condition could d , the safety and protection of all such
<br /> reasonably have been discovered or Underground Facilities and repairing any
<br /> revealed as a result of any examination , damage thereto resulting from the Work ,
<br /> investigation , exploration , test, or study of
<br /> the Site and contiguous areas required by B . Not Shown or Indicated
<br /> the Bidding Requirements or Contract
<br /> Documents to be conducted by or for CON - 1 . If an Underground Facility is
<br /> TRACTOR prior to CONTRACTOR's uncovered or revealed at or contiguous to the
<br /> making such final commitment; or Site which was not shown or indicated , or not
<br /> shown or indicated with reasonable accuracy in
<br /> c . CONTRACTOR failed to give the the Contract Documents , CONTRACTOR shall ,
<br /> written notice within the time and as re- promptly after becoming aware thereof and
<br /> quired by paragraph 4 . 03 .A. before further disturbing conditions affected
<br /> thereby or performing any Work in connection
<br /> 3 . If OWNER and CONTRACTOR are therewith (except in an emergency as required
<br /> unable to agree on entitlement to or on the by paragraph 6 . 16 .A) , identify the owner of
<br /> amount or extent , if any, of any adjustment in such Underground Facility and give written
<br /> the Contract Price or Contract Times , or both , a notice to that owner and to OWNER and ENGI -
<br /> Claim may be made therefor as provided in NEER . ENGINEER will promptly review the
<br /> paragraph 10 . 05 . However , OWNER, Underground Facility and determine the extent,
<br /> ENGINEER , and ENGINEER's Consultants if any, to which a change is required in the
<br /> shall not be liable to CONTRACTOR for any Contract Documents to reflect and document
<br /> claims , costs , losses , or damages ( including the consequences of the existence or location
<br /> but not limited to all fees and charges of of the Underground Facility. During such time ,
<br /> ° engineers , architects , attorneys , and other CONTRACTOR shall be responsible for the
<br /> professionals and all court or arbitration or other
<br /> 00700 - Geneial Conditions REV 04-07 .doc
<br /> 00700 - 12
<br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase III\Admim\bid documents\00700 - General Conditions REV 04-07
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