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40 <br />40 <br />r� <br />been anticipated by CONTRACTOR, a Change Order shall be 'issued incorporating the necessary <br />revisions. <br />t <br />Physical Conditions - Underground Facilities: <br />t 4.4 Shown oi- Isidrrnreit The information and data shown or indicated in the Contract Documents with <br />respect to existing Underground facilities at or contiguous to the site are based on information and <br />data furnished to OWNER or ENGiNEER by the owners of such Underground Facilities or by <br />others. Unless it is otherwise expressly provided in the Supplementary Conditions: <br />4.4.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any <br />i such information or data, and <br />a <br />4.4.2 CONTRACTOR shall have full responsibility for reviewing and checking all such <br />information and data, for locating all Underground Facilities shown or indicated in the <br />h Contract Documents, for coordination of the Work with the owners of such Underground <br />Facilities during construction, for the safety and protection thereof as provided in paragraph <br />6.25 and repairing any damage thereto resulting from the Work, the cost of al10 f which will <br />be considered as having been included in the Contract Price. <br />Utilities: <br />1 4.5 The word facility as used in this subsection titled "Utilities" includes any pipe conveying gases or <br />liquids and appurtenances attached thereto; cables, conduits, wires, ducts and appurtenances; poles <br />i and appurtenances; any of which may be buried below grade or installed at or above grade level. <br />A facility excludes irrigation pipes, service connections and traffic signal wiring. A service <br />connection is a pipe (excluding irrigation pipes), cable, wire, duct or conduit that is intended to <br />connect a facility with a user. The word Utility as used in this subsection titled "Utilities" refers to <br />the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal <br />wiring. <br />f 4.6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of <br />t the work from the records of the utilities with known facilities in the vicinity of the work. The <br />position of these facilities as derived front Stich records arc shown on the plans. Service <br />connections, irrigation pipes, and traflie signal wiring may not be shown on the plans. The <br />t CONTRACTOR shall make his own investigations, including exploratory excavations and contact <br />with Utilities, to determine the exact locations and type of'existing facilities, service connections, <br />f irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be <br />i - responsible for any damage thereto. <br />1 4.7 With regard to paragraph 6.25, damage, injury, or loss resulting in whole or in part from the <br />d . CONTRACTOR's failure to locate and preserve a facility, service connection, irrigation pipe, or <br />traffic signal wiring shall under no circumstances be deemed attributable to the fault of the DrIwings <br />1 or Specifications or to the acts or omissions of the OWNF'R or ENGINEER or anyone employed by <br />I_ either of them or anyone for whose acts either of them may be liable.. <br />4.8 With respect to underground facilities, no claim for a change in the contract price ntay be allow; d <br />unless the CONTRACTOR discovers an underground facility which is not indicated or referred to <br />in the Contract Documents or which is in a position differing; materially and significantly from that <br />indicated or referred to in the Contract Documems. If such discovery is trade, the C ONTRAC"CUR <br />shall promptly notify in writing the OWNER, L•NGINEER and the Utility. 'llae OWNER may:hake <br />changes in the alignment and grade of the work in accordance with the section titled "Changes in <br />the Work". <br />4i; NERAL. CONDITIONS <br />TIONS <br />tic 7 <br />i- <br />