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a. Contractor knew of the existence of such <br />conditions at the time Contractor made a final <br />commitment to Owner with respect to Contract <br />Price and Contract Times by the submission of a <br />Bid or becoming bound under a negotiated <br />contract; or <br />b. the existence of such condition could <br />reasonably have been discovered or revealed as a <br />result of any examination, investigation, explo- <br />ration, test, or study of the Site and contiguous <br />areas required by the Bidding Requirements or <br />Contract Documents to be conducted by or for <br />Contractor prior to Contractor's making such <br />fmal conunitment; or <br />c. Contractor failed to give the written notice as <br />required by Paragraph 4.03.A. <br />3. If Owner and Contractor are unable to agree on <br />entitlement to or on the amount or extent, if any, of <br />any adjustment in the Contract Price or Contract <br />Times, or both, a Claim may be made therefor as <br />provided in Paragraph 10.05. However, Owner and <br />Engineer, and any of their Related Entities shall not <br />be liable to Contractor for any claims, costs, losses, <br />or damages (including but not limited to all fees and <br />charges of engineers, architects, attorneys, and other <br />professionals and all court or arbitration or other <br />dispute resolution costs) sustained by Contractor on <br />or in connection with any other project or anticipated <br />project. <br />4.04 Underground Facilities <br />A. Shown or Indicated: The information and data shown <br />or indicated in the Contract Documents with respect to • <br />existing Underground Facilities at or contiguous to the <br />Site is based on information and data furnished to Owner <br />or Engineer by the owners of such Underground Facili- <br />ties, including Owner, or by others. Unless it is otherwise <br />expressly provided in the Supplementary Conditions: <br />1. Owner and Engineer shall not be responsible for <br />the accuracy or completeness of any such information <br />or data; and <br />2. the cost of all of the following will be included <br />in the Contract Price, and Contractor shall have full <br />responsibility for: <br />a. reviewing and checking all such information <br />and data, <br />b. locating all Underground Facilities shown or <br />indicated in the Contract Documents, <br />c. coordination of the Work with the owners of <br />such Underground Facilities, including Owner, <br />during construction, and <br />d. the safety and protection of all such Under- <br />ground Facilities and repairing any damage <br />thereto resulting from the Work. <br />B. Not Shown or Indicated <br />1. If an Underground Facility is uncovered or <br />revealed at or contiguous to the Site which was not <br />shown or indicated, or not shown or indicated with <br />reasonable accuracy in the Contract Documents, <br />Contractor shall, promptly after becoming aware <br />thereof and before further disturbing conditions <br />affected thereby or performing any Work in <br />connection therewith (except in an emergency as <br />required by Paragraph 6.16.A), identify the owner of <br />such Underground Facility and give written notice to <br />that owner and to Owner and Engineer. Engineer will <br />promptly review the Underground Facility and <br />determine the extent, if any, to which a change is <br />required in the Contract Documents to reflect and <br />document the consequences of the existence or <br />location of the Underground Facility. During such <br />time, Contractor shall be responsible for the safety <br />and protection of such Underground Facility. <br />2. If Engineer concludes that a change in the <br />Contract Documents is required, a Work Change <br />Directive or a Change Order will be issued to reflect <br />and document such consequences. An equitable <br />adjustment shall be made in the Contract Price or <br />Contract Times, or both, to the extent that they are <br />attributable to the existence or location of any <br />Underground Facility that was not shown or indicated <br />or not shown or indicated with reasonable accuracy <br />in the Contract Documents and that Contractor did <br />not know of and could not reasonably have been <br />expected to be aware of or to have anticipated. If <br />Owner and Contractor are unable to agree on <br />entitlement to or on the amount or extent, if any, of <br />any such adjustment in Contract Price or Contract <br />Times, Owner or Contractor may make a Claim <br />therefor as provided in Paragraph 10.05. <br />4.05 Reference Points <br />A. Owner shall provide engineering surveys to establish <br />reference points for construction which in Engineer's <br />judgment are necessary to enable Contractor to proceed <br />with the Work. Contractor shall be responsible for laying <br />out the Work, shall protect and preserve the established <br />reference points and property monuments, and shall make <br />no changes or relocations without the prior written <br />approval of Owner. Contractor shall report to Engineer <br />whenever any reference point or property monument is <br />lost or destroyed or requires relocation because of <br />necessary changes in grades or locations, and shall be <br />responsible for the accurate replacement or relocation of <br />such reference points or property monuments by <br />professionally qualified personnel. <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700 -13 <br />