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a. Contractor knew of the existence of such
<br />conditions at the time Contractor roads a final
<br />Conlillitltlent to Owner with tespecl to Contlaci
<br />Price and Contract Tii11CS by tile StrbillkSlln1 OFA
<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 mrvated as a
<br />result of ally es:mlrllaflvtl. investigation. explo-
<br />tation. test, or study of the Site and contiguous
<br />areas required by the Bidding Requirements or
<br />Contract Documents to be conducted by or fkw
<br />Contractor prior to Contractor's making such
<br />final conintitment: or
<br />c. Contractor failed to t!,!%e the \Sriuen notice aj
<br />required by Paragraph 4.03.A.
<br />+. If Owner and Contractor are unable to agree on
<br />entitlement to or on the .mount or extent, if any. of
<br />l)ry adjustment in the Contract Price or Contract
<br />holes, or berth, a Claim may be made therefor as
<br />provided in Paragraph 10.05. Owner and
<br />L-tigineer•, and any of' their Relined Entities shall not
<br />be liable fO Contractor for any claims, costs, losses.
<br />Or damages (including but not limited to all tees 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 un
<br />or in connection with any other prk jest or anticipated
<br />project.
<br />4,04 Cockle-giuxnrihOcililies
<br />A Shutt n cit hulwatc'd The inf6rmaliwi and data shown
<br />or indicates( in the Contract Documents %vitll respect to
<br />existing underground Facilities at or contiguous to the
<br />Site is based un inforination and data furnished to O%%ner
<br />err Engineer by file 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 Frigirim shall not be responsible for
<br />the accuracy or completeness of any such inforination
<br />or data: and
<br />'. the cost of all of the following will be included
<br />ill the Contract Price, and Contractor shall have full
<br />m,puti iNli;y toe
<br />a. re%irwini! and checking aA such intt+rmataon
<br />and data,
<br />b. locating all Undetground Facthtics shown or
<br />indicafed in !fie Contract Docuructns.
<br />c', coordination of flIC `h ark %% nth the Owner, of
<br />uch t_ n(Myround f acihtirs, imluding O%\nCr,
<br />doting construo:ritni, and
<br />cf. the valet\ and protection of all such under-
<br />ground Facilines and repairing any dtunagc
<br />thereto resulting from the Work.
<br />13. Yw SAmnr nr Indo nr"rl
<br />I. If an (:nderground Facility is unto, eml or
<br />tevealed at or contiguous to the Site which w;as not
<br />shown or indicated, (it not shown or indicated \vrth
<br />reasoitalalc aC�iiraCy in the Contract Documents,
<br />Contractor shall, prompth ailer becoming more
<br />thereof and bettrre tlrrfiwt disturbing conditions
<br />attested therebv or performing any `,York in
<br />connection therewith (except in an cmerolency as
<br />required by Paragraph 5.16.A), idemit'\• the q\%Iter of
<br />such I ndergruund 1 ,tciiity and g;%e writtui notice to
<br />that ny„ ter and it, Gaoler anis F.nginecr_ Engineer \+iii
<br />ptornittly rc\ie%% file ! Indergr:iund 1'acihty and
<br />detennilu: the extent, if any. to \%Inch a change is
<br />required in the Contract Documents to reflect and
<br />document the consequences of th;: existence ur
<br />location of the C nderground Facilih During, such
<br />time. Contractor :;hail be responsible for the ,aleth
<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 ane
<br />Underground facility that was not shown or indicated
<br />cr not shown or indicated with reasonable accurac%
<br />in the Contract Documents and that Contractor did
<br />not know of and could not reasonat\l\ have been
<br />expected to be aware of or to ha\e ;anticipated If
<br />O%%ner and Contractor are unable to agree on
<br />entitlement to or on the amount ar extent. if any, of
<br />any such adjusmient in Contract Price or Culartact
<br />)lines, Owner or Contractor may make a t_'fainr
<br />therefor as provided tit Paragraph 10.0``
<br />4,05 R,,A•rcm v Pointe
<br />A. Owner shall provide engineering, surveys to Csiahlish
<br />refercnce pomis for construction which in Engineer `%
<br />judgment are neer..>san to enable Contractor to prokeed
<br />%%iib the \%ork. Contractor shall be respo,wbfe l""r la%inti
<br />out the Work, shall protect and preset%e the cst:ibfished
<br />reference points anct pruperty nlunuurenl;, and ,ha:l make
<br />Ilk) %panus or rehications without the ptio: %%I IItell
<br />approval of0wiler. Contractor shall report to Eulginret
<br />whenever ary referene,_ pouts or prnperty rnumnnent i,
<br />lust ur destrt):Vd or rryuitt-s lelucatiotr hec;etlW of
<br />necCt.sar} changes in �,rades kir locations, and sh.011 t>e
<br />rviponsible flit the accurate mpla.k nment rt ,'I
<br />>uch rctercnce pones kir properi% rm}nutticnt's by
<br />frroics<tt,rr-.tliy ytrahficd prn.�nnca
<br />1_0 Its 1 - iMmATA41d taetrfal4'onirsa'!
<br />a: Ulsgri t�lG :rh'2.'i.�hkaa •rte,e€p;¢\ofV OOA,,lw,ak foigkrsrr. rare 114 Oil %1116;tl11,'C"F 0
<br />tsU�IK; • 13
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