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subsurface or physical conditions or performing any c. CONTRACTOR failed to give the Work in connection therewith (except in an emergency written notice within the time and as ye- as required by paragraph 6.16.A), notify OWNER and quired by paragraph 4.03.A. ENGINEER in writing about such condition. CONTRACTOR shall not , further disturb such 3. If OWNER and CONTRACTOR are condition or perform any Work in connection therewith unable to agree on entitlement to or on the (except as aforesaid) until receipt of written order to do amount or extent, if any, of any adjustment in so. the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in B. ENGINEER's Review. After receipt of written paragraph 10.05. However, OWNER, notice as required by paragraph 4.03.A, ENGINEER ENGINEER, and ENGINEER's Consultants will promptly review the pertinent condition, determine shall not be liable to CONTRACTOR for any the necessity of OWNER's obtaining additional claims, costs, losses, or damages (including exploration or tests with respect thereto, and advise but not limited to all fees and charges of OWNER in writing (with a copy to CONTRACTOR) of engineers, architects, attorneys, and other ENGINEER's findings and conclusions. professionals and all court or arbitration or other dispute resolution costs) sustained by C. Possible Price and Times Adjustments CONTRACTOR on or in connection with any other project or anticipated project. 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the 4.04 Underground Facilities extent that the existence of such differing subsurface or physical condition causes an in- A. Shown or Indicated.The information and data crease or decrease in CONTRACTOR's cost shown or indicated in the Contract Documents with of, or time required for, performance of the respect to existing Underground Facilities at or Work; subject, however, to the following: contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the a. such condition must meet any one or owners of such Underground Facilities, including more of the categories described in para- OWNER, or by others. Unless it is otherwise graph 4.03.A; and expressly provided in the Supplementary Conditions: b. with respect to Work that is paid for 1. OWNER and ENGINEER shall not on a Unit Price Basis, any adjustment in be responsible for the accuracy or com- Contract Price will be subject to the pleteness of any such information or data; and provisions of paragraphs 9.08 and 11.03. 2. the cost of all of the following will be 2. CONTRACTOR shall not be entitled included in the Contract Price, and CONTRAC- to any adjustment in the Contract Price or TOR shall have full responsibility for: Contract Times if: a. reviewing and checking all such a. CONTRACTOR knew of the information and data, existence of such conditions at the time CONTRACTOR made a final commitment b. locating all Underground Facilities to OWNER in respect of Contract Price and shown or indicated in the Contract Contract Times by the submission of a Bid Documents, or becoming bound under a negotiated contract; or c. coordination of the Work with the owners of such Underground Facilities, b. the existence of such condition could including OWNER, during construction, and reasonably have been discovered or revealed as a result of any examination, d. the safety and protection of all such investigation, exploration, test, or study of Underground Facilities and repairing any the Site and contiguous areas required by damage thereto resulting from the Work. the Bidding Requirements or Contract Documents to be conducted by or for CON- B. Not Shown or Indicated TRACTOR prior to CONTRACTOR's making such final commitment; or 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700-General Conditions REV 04-07.doc 00700-12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc