2015-005A - Laserfiche WebLink

Home Browse Search

subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times it a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed o give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONT unable to agree on entitlement t amount or extent, if any, of any a the Contract Price or Contract Tim Claim may be made therefor as paragraph 10.05. However, ENGINEER, and ENGINEER's shall not be liable to CONTRAC claims, costs, losses, or damage but not limited to all fees and engineers, architects, attorneys, professionals and all court or arbitra dispute resolution costs) su CONTRACTOR on or in connecti other project or anticipated project. CTOR are or on the justment in s, or both, a provided in OWNER, Consultants OR for any (including charges of and other ion or other tained by •n with any 11 4.04 Underground Facilities A. Shown or Indicated: The informatin and data shown or indicated in the Contract Doc ments with respect to existing Underground Faci ities at or contiguous to the Site is based on info ation and data fumished to OWNER or ENGIN ER by the owners of such Underground Facilitie including OWNER, or by others. Unless it i- otherwise expressly provided in the Supplementary •onditions: 1. OWNER and ENGINEEshall not be responsible for the accurac or com- pleteness of any such information o data; and 2. the cost of all of the folio ing will be included in the Contract Price, and ONTRAC- TOR shall have full responsibility fo a. reviewing and checkin• all such information and data, b. locating all Undergroun. Facilities shown or indicated in the Contract Documents, c. coordination of the Wo with the owners of such Undergroun. Facilities, including OWNER, during const ction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from th Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contig ous to the 00700 - General Condition. REV 5-10-13.doc 00700 - 12 F:1Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th StV+dmin\bid documentstMaster Contract Documents\00700 - General Co 13.doc tions REV 5-10-