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Utilities : 4 . 5 The word facility as used in this subsection titled "Utilities" includes any pipe conveying gases or liquids Y gg Q and appurtenances attached thereto; cables, conduits, wires, ducts and appurtenances ; poles and appurtenances ; any of which may be buried below grade or installed at or above grade level . A facility excludes irrigation pipes, service connections and traffic signal wiring. A service connection is a pipe (excluding irrigation pipes), cable, wire, duct or conduit that is intended to connect a facility with a user. The word Utility as used in this subsection titled "Utilities" refers to the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal wiring. 4 . 6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of the work from the records of the utilities with known facilities in the vicinity of the work. The position of these facilities as derived from such records are shown on the plans . Service connections, irrigation pipes, and traffic signal wiring may not be shown on the plans. The CONTRACTOR shall make his/her own investigations, including exploratory excavations and contact with Utilities, to determine the exact locations and type of existing facilities, service connections, irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be responsible for any damage thereto. 4 . 7 With regard to paragraph 6 .23 , damage, injury, or loss resulting in whole or in part from the CONTRACTOR' S failure to locate and preserve a facility, service connection, irrigation pipe, or traffic signal wiring shall under no circumstances be deemed attributable to the fault of the Drawings or Specifications or to the acts or omissions of the OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. 4. 8 With respect to underground facilities, no claim for a change in the contract price may be allowed unless the CONTRACTOR discovers an underground facility which is not indicated or referred to in the Contract Documents or which is in a position differing materially and significantly from that indicated or referred to in the Contract Documents . If such discovery is made, the CONTRACTOR shall promptly notify in writing the OWNER, ENGINEER and the Utility. The OWNER may make changes in the alignment and grade of the work in accordance with the section titled "Changes in the Work". CONTRACTOR' s failure to provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time. 4 . 9 At no additional cost to the OWNER, the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position differing materially and significantly from that indicated or referred to in the Contract Documents. At no additional cost to the OWNER, the CONTRACTOR shall adjust the top elevation of all valve boxes and manholes to match the finish grade or pavement surface and shall replace, remove, relocate, protect, or temporarily maintain all service connections, irrigation pipes, and traffic signal wiring. The work on the facility, service connection, irrigation pipe or traffic signal wiring shall be done in a manner satisfactory to the Utility, it being understood that the Utility has the option of doing such work with his/her own forces, or permitting the work to be done by the CONTRACTOR. Reference Points : 4 . 10 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel . GENERAL CONDITIONS GC7