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provided in paragraph 10.05. However, OWNER, adjustment shall be made in the Contract Price of
<br /> ENGINEER, and ENGINEER's Consultants shall not be Contract Times, or both , to the extent that they are
<br /> liable to CONTRACTOR for any claims, costs, losses, attributable to the existence or location of any
<br /> or damages (including but not limited to all fees and Underground Facility that was not shown or indicated or
<br /> charges of engineers, architects, attorneys, and other not shown or indicated with reasonable accuracy in the
<br /> professionals and all court or arbitration or other dispute Contract Documents and that CONTRACTOR did not
<br /> resolution costs) sustained by CONTRACTOR on or in know of and could not reasonably have been expected
<br /> connection with any other project or anticipated project. to be aware of or to have anticipated. If OWNER and
<br /> CONTRACTOR are unable to agree on entitlement to
<br /> 4.04 Underground Facilities or on the amount or extent, if any, of any such
<br /> adjustment in Contract Price or Contract Times ,
<br /> A. Shown or Indicated: The information and data shown OWNER or CONTRACTOR may make a Claim
<br /> or indicated in the Contract Documents with respect to existing therefore as provided in paragraph 10 .05.
<br /> Underground Facilities at or contiguous to the Site is based on
<br /> information and data furnished to OWNER or ENGINEER by 4 . 05 Reference Points
<br /> the owners of such Underground Facilities, including OWNER,
<br /> or by others. Unless it is otherwise expressly provided in the A. OWNER shall provide engineering surveys to
<br /> Supplementary Conditions: establish reference points for construction which in
<br /> ENGINEER's judgment are necessary to enable CON-
<br /> 1 . OWNER and FFISIGINE€R—shall not be TRACTOR to proceed with the Work. CONTRACTOR shall be
<br /> responsible for the accuracy or completeness of any responsible for laying out the Work, shall protect and preserve
<br /> such information or data; and the established reference points and property monuments, and
<br /> shall make no changes or relocations without the prior written
<br /> 2 . the cost of all of the following will be included in approval of OWNER. CONTRACTOR shall report to
<br /> the Contract Price, and CONTRACTOR shall have full ENGINEER whenever any reference point or property
<br /> responsibility for: monument is lost or destroyed or requires relocation because of
<br /> necessary changes in grades or locations, and shall be
<br /> a . reviewing and checking all such information responsible for the accurate replacement or relocation of such
<br /> and data, reference points or property monuments by professionally
<br /> qualified personnel.
<br /> b. locating all Underground Facilities shown or
<br /> indicated in the Contract Documents, 4.06 Hazardous Environmental Condition at Site
<br /> c. coordination of the Work with the owners of A. Reports and Drawings: Reference is made to the
<br /> such Underground Facilities, including OWNER, Supplementary Conditions for the identification of those reports
<br /> during construction, and and drawings relating to a Hazardous Environmental Condition
<br /> identified at the Site, if any, that have been utilized by the
<br /> d. the safety and protection of all such Under- ENGINEER in the preparation of the Contract Documents.
<br /> ground Facilities and repairing any damage thereto
<br /> resulting from the Work. B . Limited Reliance by CONTRACTOR on Technical
<br /> Data Authorized: CONTRACTOR may rely upon the general
<br /> B . Not Shown or Indicated accuracy of the "technical data" contained in such reports and
<br /> drawings, but such reports and drawings are not Contract
<br /> 1 . I1' an Underground Facility is uncovered or Documents. Such "technical data" is identified in the
<br /> revealed at or contiguous to the Site which was not Supplementary Conditions. Except for such reliance on such
<br /> shown or indicated, or not shown or indicated with "technical data," CONTRACTOR may not rely upon or make
<br /> reasonable accuracy in the Contract Documents, CON- any Claim against OWNER, ENGINEER or any of ENGINEER's
<br /> TRACTOR shall, promptly after becoming aware thereof Consultants with respect to:
<br /> and before further disturbing conditions affected thereby
<br /> or performing any Work in connection therewith (except 1 .the completeness of such reports and drawings
<br /> in an emergency as required by paragraph 6. 16.A), for CONTRACTOR's purposes, including, but not
<br /> identify the owner of such Underground Facility and give limited to, any aspects of the means, methods,
<br /> written notice to that owner and to OWNER and ENGI- techniques, sequences and procedures of construction
<br /> NEER. ENGINEER will promptly review the Under- to be employed by CONTRACTOR and safety
<br /> ground Facility and determine the extent, if any, to precautions and programs incident thereto; or
<br /> which a change is required in the Contract Documents
<br /> to reflect and document the consequences of the 2.other data, interpretations, opinions and
<br /> existence or location of the Underground Facility. information contained in such reports or shown or
<br /> During such time, CONTRACTOR shall be responsible indicated in such drawings; or
<br /> for the safety and protection of such Underground
<br /> Facility. 3.any CONTRACTOR interpretation of or
<br /> conclusion drawn from any "technical data" or any such
<br /> 2. If ENGINEER concludes that a change in the other data, interpretations, opinions or information.
<br /> Contract Documents is required, a Work Change
<br /> Directive or a Change Order will be issued to reflect and C. CONTRACTOR shall not be responsible for any
<br /> document such consequences. An equitable Hazardous Environmental Condition uncovered or revealed at
<br /> 00700 General Conditions (EJCDC).doc
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