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provided in paragraph 10.05. However, OWNER,
<br />ENGINEER, and ENGINEER's Consultants shall not be
<br />liable to CONTRACTOR for any claims, costs, losses,
<br />or damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) sustained by CONTRACTOR on or in
<br />connection with any other project or anticipated project.
<br />4.04 Underground Facilities
<br />A. Shown or Indicated: The information and data shown
<br />or indicated in the Contract Documents with respect to existing
<br />Underground Facilities at or contiguous to the Site is based on
<br />information and data furnished to OWNER or ENGINEER by
<br />the owners of such Underground Facilities, including OWNER,
<br />or by others. Unless it is otherwise expressly provided in the
<br />Supplementary Conditions:
<br />1.OWNER and FFNGIN€€R—shall not be
<br />responsible for the accuracy or completeness of any
<br />such information or data; and
<br />2.the cost of all of the following will be included in
<br />the Contract Price, and CONTRACTOR shall have full
<br />responsibility for:
<br />a. reviewing and checking all such information
<br />and data,
<br />b. locating all Underground Facilities shown or
<br />indicated in the Contract Documents,
<br />c. coordination of the Work with the owners of
<br />such Underground Facilities, including OWNER,
<br />during construction, and
<br />d. the safety and protection of all such Under-
<br />ground Facilities and repairing any damage thereto
<br />resulting from the Work.
<br />B. Not Shown or Indicated
<br />1.I1' an Underground Facility is uncovered or
<br />revealed at or contiguous to the Site which was not
<br />shown or indicated, or not shown or indicated with
<br />reasonable accuracy in the Contract Documents, CON-
<br />TRACTOR shall, promptly after becoming aware thereof
<br />and before further disturbing conditions affected thereby
<br />or performing any Work in connection therewith (except
<br />in an emergency as required by paragraph 6.16.A),
<br />identify the owner of such Underground Facility and give
<br />written notice to that owner and to OWNER and ENGI-
<br />NEER. ENGINEER will promptly review the Under-
<br />ground Facility and determine the extent, if any, to
<br />which a change is required in the Contract Documents
<br />to reflect and document the consequences of the
<br />existence or location of the Underground Facility.
<br />During such time, CONTRACTOR shall be responsible
<br />for the safety and protection of such Underground
<br />Facility.
<br />2.If
<br />ENGINEER
<br />concludes that a
<br />change in the
<br />Contract
<br />Documents
<br />is required, a
<br />Work Change
<br />Directive
<br />or a Change
<br />Order will be issued to reflect and
<br />document
<br />such consequences.
<br />An equitable
<br />adjustment shall be made in the Contract Price of
<br />Contract Times, or both, to the extent that they are
<br />attributable to the existence or location of any
<br />Underground Facility that was not shown or indicated or
<br />not shown or indicated with reasonable accuracy in the
<br />Contract Documents and that CONTRACTOR did not
<br />know of and could not reasonably have been expected
<br />to be aware of or to have anticipated. If OWNER and
<br />CONTRACTOR are unable to agree on entitlement to
<br />or on the amount or extent, if any, of any such
<br />adjustment in Contract Price or Contract Times,
<br />OWNER or CONTRACTOR may make a Claim
<br />therefore as provided in paragraph 10.05.
<br />4.05 Reference Points
<br />A. OWNER shall provide engineering surveys to
<br />establish reference points for construction which in
<br />ENGINEER's judgment are necessary to enable CON-
<br />TRACTOR to proceed with the Work. CONTRACTOR shall be
<br />responsible for laying out the Work, shall protect and preserve
<br />the established reference points and property monuments, and
<br />shall make no changes or relocations without the prior written
<br />approval of OWNER. CONTRACTOR shall report to
<br />ENGINEER whenever any reference point or property
<br />monument is lost or destroyed or requires relocation because of
<br />necessary changes in grades or locations, and shall be
<br />responsible for the accurate replacement or relocation of such
<br />reference points or property monuments by professionally
<br />qualified personnel.
<br />4.06 Hazardous Environmental Condition at Site
<br />A. Reports and Drawings: Reference is made to the
<br />Supplementary Conditions for the identification of those reports
<br />and drawings relating to a Hazardous Environmental Condition
<br />identified at the Site, if any, that have been utilized by the
<br />ENGINEER in the preparation of the Contract Documents.
<br />B. Limited Reliance by CONTRACTOR on Technical
<br />Data Authorized: CONTRACTOR may rely upon the general
<br />accuracy of the "technical data" contained in such reports and
<br />drawings, but such reports and drawings are not Contract
<br />Documents. Such "technical data" is identified in the
<br />Supplementary Conditions. Except for such reliance on such
<br />"technical data," CONTRACTOR may not rely upon or make
<br />any Claim against OWNER, ENGINEER or any of ENGINEER's
<br />Consultants with respect to:
<br />1.the completeness of such reports and drawings
<br />for CONTRACTOR's purposes, including, but not
<br />limited to, any aspects of the means, methods,
<br />techniques, sequences and procedures of construction
<br />to be employed by CONTRACTOR and safety
<br />precautions and programs incident thereto; or
<br />2.other data, interpretations, opinions and
<br />information contained in such reports or shown or
<br />indicated in such drawings; or
<br />3.any CONTRACTOR interpretation of or
<br />conclusion drawn from any "technical data" or any such
<br />other data, interpretations, opinions or information.
<br />C. CONTRACTOR shall not be responsible for any
<br />Hazardous Environmental Condition uncovered or revealed at
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