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TRACTOR prior to CONTRACTOR's
<br /> then CONTRACTOR shall, promptly after becoming making_ such final commitment;or
<br /> aware thereof and before further' „disturbing the
<br /> subsurface or physical conditions or performing any c. CONTRACTOR failed to give the
<br /> 'Work in connection there with(except in an emergency' written notice within •.the. time and as. re-
<br /> as required,by paragraph 6.16.A), notify OWNER and quired by paragraph 4.03.A.
<br /> ENGINEER in, writing about such= condition.
<br /> CONTRACTOR shall •not further disturb• such 3. If OWNER and CONTRACTOR.are
<br /> condition or perform any Work in,connection therewith unable to agree on entitlement to or on the
<br /> (except as aforesaid)`until receipt of written orderto do amount,or extent, if anyi of any adjustment in
<br /> so. the Contract Price o."Contract Times,.or both, a
<br /> Claim may be made therefor as provided. in
<br /> B. ENGINEERs Review: After receipt of written paragraph 10.05_. However; OWNER,
<br /> notice as.required by paragraph 4.03.A, ENGINEER ENGINEER,. and E_NGINEER's: Consultants
<br /> will,promptly r'evie'w the pertinent condition, determine shall not be liable to CON_ TRACTOR'.for any
<br /> the: necessity ,of 'OWNER's obtaining additional claims, costs, losses, or damages (including
<br /> exploration or tests with. respect thereto, and advise tint not limited .to all. fees and charges of
<br /> OWNER in.writing (with a"copy to CONTRACTOR)of engineers, architects, attorneys, and other
<br /> ENGINEER's findings andconclusions. professionals and all:court or arbitration,or-other
<br /> dispute resolution, costs); sustained by
<br /> C. Possible Price and Times Adjustments CONTRACTOR on or in connection with any
<br /> other project or anticipated project.
<br /> 1. The Contract.Price:"or the Contract:
<br /> Times; or both;.will,be equitably,'adjusted to the 4_.04•. U_nderground Facilities
<br /> extent that, the :existence- of such' differing
<br /> subsurface or physical'condition causes an in- A. Shown or Indicated.•The.information acid data
<br /> crease or decrease in.CONTRACTOR's cost 'shown or indicated in the Contract•Documents with
<br /> of 'or .time: required for, performanceof the respect to existing'" Underground Facilities. at. or
<br /> Work; subject; however,t6the following: .contiguous to the Site is, based-on information and
<br /> data furnished 'to- OWNER for ,ENGINEER_ by 'ttie
<br /> a.,such,condition:must rnbet.any one or: 'owners of. such Underground .Facilities, including
<br /> more of,the=categories described in para- OWNER,; or by others. Unless it is.�`otherwise
<br /> O.
<br /> gra4.03.A;and expressly provided in the Supplementary Conditions:
<br /> 16.-,with respect-to.Workrthat,is paid.for 1., OWNER and ENGINEER shat{ hot
<br /> on a, Unit, Price Basisi, any 'adjustment in be responsible 'for the 'accuracy or com-
<br /> Contract Price: wi8" be' subject„_to the p{eteriess of any such information or data;and
<br /> provisions of'paragrapks:6.,b&and,1.1:03.
<br /> 2. the-cost of all of,the following will'be
<br /> 2; CONTRACTOR shall:not,be entitled included'in the:Contradt-Pdce, and; CONTRAC-
<br /> to any,adjustment, in the 'Contract Price—or- TOR shall have full responsibility-for:
<br /> Confract Times;if
<br /> a:reviewing,. and checking; all such
<br /> _;a.;CQNTRACTOa , knew:, of the information,and data;
<br /> existence of; such conditions fat the time
<br /> CONTRACTOR made::a 'final commitment b:locating, -all' Underground Facilities
<br /> to
<br /> .pWNER_in.respect`of Contract- rice,and ,shown or- indicated in ,ahe Contract
<br /> Contract Times by ttie.submission of°a:Bid Documents,
<br /> or, becoming: bound under• a; negotiated
<br /> contract;or, c: coordination of the Work” witti, the.
<br /> .owners ,of such Underground ,Facilities,
<br /> ti:ithe existence;of such condition could including:OWNER, during construction, and"
<br /> reasonably ,have; been discovered "or
<br /> revealed: as a •result',-Of'any-examination; d: the,safety protection,.of:all:such:
<br /> investigation,; exploration, test; or, study d' Underground,Facilities and repairing any,
<br /> the Site and:contiguous areas required-by damage`thereto resulting from the Work.,
<br /> the: Bidding Requirements o"• 'Contract
<br /> Dol:Aenfs,tobe'conducted.byor•for,CON- B: Noi.Shown:orindicafed:
<br /> bd700-General Conditions REV 5-10-13.
<br /> 0 =
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<br /> F:1Publ c WorksIENGINEERING DNISION PROJECTS11330 LRC.GoLine Transfer HuMAdminlbid documentslMastec Contract Documents10070W General Conditions REV 5 1413.doc-
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