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subsurface or physical conditions or performing any c. CONTRACTOR failed to give the <br /> Work in connection therewith (except in an emergency written notice within the time and as ye- <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 order to do amount or extent, if any, of any adjustment in <br /> SO. the Contract Price or Contract Times, or both , a <br /> Claim may be made therefor as provided in <br /> B . ENGINEER 's Review. After receipt of written paragraph 10 . 05 . However, OWNER, <br /> notice as required by paragraph 4 . 03 .A, ENGINEER ENGINEER, and ENGINEER's Consultants <br /> will promptly review the pertinent condition , determine shall not be liable to CONTRACTOR 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 but not limited to all fees and charges <br /> of <br /> OWNER in writing (with a copy to CONTRACTOR) of engineers , architects , attorneys, and other <br /> ENGINEER's findings and conclusions . 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 /> 1 . The Contract Price or the Contract other project or anticipated project. <br /> Times, or both , will be equitably adjusted to the 4 . 04 Underground Facilities <br /> extent that the existence of such differing <br /> subsurface or physical condition causes an in- A. Shown or Indicated. The information and data <br /> crease or decrease in CONTRACTOR's cost shown or indicated in the Contract Documents with <br /> of, or time required for, performance of the respect to existing Underground Facilities at or <br /> Work; subject, however, to the following : contiguous to the Site is based on information and <br /> data furnished to OWNER or ENGINEER by the <br /> a . such condition must meet 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 /> graph 4 . 03 .A; and expressly provided in the Supplementary Conditions : <br /> b , with respect to Work that is paid for 1 . OWNER and ENGINEER shall not <br /> on a Unit Price Basis, any adjustment in be responsible for the accuracy or com- <br /> Contract Price will be subject to the pleteness of any such information or data; and <br /> provisions of paragraphs 9 . 08 and 11 .03 . <br /> 2 . the cost of all of the following will be <br /> 2 . CONTRACTOR shall not be entitled included in the Contract Price, and CONTRAC- <br /> to any adjustment in the Contract Price or TOR shall have full responsibility for: <br /> Contract Times if: <br /> a . reviewing and checking all such <br /> a . CONTRACTOR knew of the information and data , <br /> existence of such conditions at the time <br /> CONTRACTOR made a final commitment b . locating all Underground Facilities <br /> to OWNER in respect of Contract Price and shown or indicated in the Contract <br /> Contract Times by the submission of a Bid Documents , <br /> or becoming bound under a negotiated <br /> contract; or c. coordination of the Work with the <br /> owners of such Underground Facilities , <br /> b . the 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 and protection of all such <br /> investigation , exploration , test, or study of Underground Facilities and repairing any <br /> the Site and contiguous areas required by damage thereto resulting from the Work. <br /> the Bidding Requirements or Contract <br /> Documents to be conducted by or for CON- B . Not Shown or Indicated <br /> TRACTOR prior to CONTRACTOR's <br /> making such final commitment; or 1 . If an Underground Facility is <br /> uncovered or revealed at or contiguous to the <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 12 <br /> F:\Engineering\Capital Projects\0541 20th Ave Widening, 25th St SW to 21st St SW\Contract Documents\00700 - General Conditions REV 04-07.doc <br />