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TRACTOR shall , promptly after becoming aware thereof
<br /> b. the existence of such condition could and before further disturbing conditions affected thereby
<br /> reasonably have been discovered or revealed as a or performing any Work in connection therewith (except
<br /> result of any examination, investigation , exploration , in an emergency as required by paragraph 6. 16.A),
<br /> test, or study of the Site and contiguous areas identify the owner of such Underground Facility and give
<br /> required by the Bidding Requirements or Contract written notice to that owner and to OWNER and ENGI-
<br /> Documents to be conducted by or for CON- NEER. ENGINEER will promptly review the Under-
<br /> TRACTOR prior to CONTRACTOR's making such ground Facility and determine the extent, if any, to
<br /> final commitment; or which a change is required in the Contract Documents
<br /> to reflect and document the consequences of the
<br /> c. CONTRACTOR failed to give the written existence or location of the Underground Facility.
<br /> notice within the time and as required by paragraph During such time, CONTRACTOR shall be responsible
<br /> 4.03.A. for the safety and protection of such Underground
<br /> Facility,
<br /> 3, If OWNER and CONTRACTOR are unable to
<br /> agree on entitlement to or on the amount or extent, If 2. If ENGINEER concludes that a change in the
<br /> any, of any adjustment in the Contract Price or Contract Contract Documents is required , a Work Change
<br /> Times , or both, a Claim may be made therefore as Directive or a Change Order will be issued to reflect and
<br /> provided in paragraph 10.05. However, OWNER, document such consequences . An equitable
<br /> ENGINEER, and ENGINEER's Consultants shall not be adjustment shall be made in the Contract Price of
<br /> liable to CONTRACTOR for any claims , costs, losses , Contract Times, or both, to the extent that they are
<br /> or damages (including but not limited to all fees and attributable to the existence or location of any
<br /> charges of engineers , architects, attorneys, and other Underground Facility that was not shown or indicated or
<br /> professionals and all court or arbitration or other dispute not shown or indicated with reasonable accuracy in the
<br /> resolution costs ) sustained by CONTRACTOR on or in Contract Documents and that CONTRACTOR did not
<br /> connection with any other project or anticipated project. know of and could not reasonably have been expected
<br /> to be aware of or to have anticipated . If OWNER and
<br /> 4.04 Underground Facilitiesftc In 74. 04 Underground CONTRACTOR are unable to agree on entitlement to or
<br /> Facilities7 on the amount or extent, if any, of any such adjustment
<br /> in Contract Price or Contract Times , OWNER or
<br /> A. Shown or Indicated: The information and data shown CONTRACTOR may make a Claim therefore as
<br /> or indicated in the Contract Documents with respect to existing 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 Pointsftc In "4. 05 Reference
<br /> the owners of such Underground Facilities, including OWNER, Paints ")
<br /> or by others. Unless it is otherwise expressly provided in the
<br /> Supplementary Conditions: A. OWNER shall provide engineering surveys to
<br /> establish reference points for construction which in
<br /> 1 , OWNER and ENGINEER shall not be ENGINEER's judgment are necessary to enable CON-
<br /> responsible for the accuracy or completeness of any TRACTOR to proceed with the Work. CONTRACTOR shall be
<br /> such information or data ; and responsible for laying out the Work, shall protect and preserve
<br /> the established reference points and property monuments , and
<br /> 2. the cost of all of the following will be included in shall make no changes or relocations without the prior written
<br /> the Contract Price, and CONTRACTOR shall have full approval of OWNER. CONTRACTOR shall report to
<br /> responsibility for: ENGINEER whenever any reference point or property
<br /> monument is lost or destroyed or requires relocation because of
<br /> a. reviewing and checking all such information necessary changes in grades or locations, and shall
<br /> be
<br /> and data, responsible for the accurate replacement or relocation of such
<br /> reference points or property monuments by professionally
<br /> b. locating all Underground Facilities shown or qualified personnel.
<br /> indicated in the Contract Documents ,
<br /> 4. 06 Hazardous Environmental Condition at Siteftc In
<br /> c. coordination of the Work with the owners of "4. 06 Hazardous Environmental Condition at Site 's
<br /> such Underground Facilities , including OWNER,
<br /> during construction , and A. Reports and Drawings: Reference is made to the
<br /> Supplementary Conditions for the identification of those reports
<br /> d . the safety and protection of all such Under- and drawings relating to a Hazardous Environmental Condition
<br /> ground Facilities and repairing any damage thereto identified at the Site, if any, that have been utilized by
<br /> the
<br /> resulting from the Work. ENGINEER in the preparation of the Contract Documents .
<br /> B . Not Shown or Indicated B. Limited Reliance by CONTRACTOR on Technical
<br /> Data Authorized: CONTRACTOR may rely upon the general
<br /> 1 . If an Underground Facility is uncovered or accuracy of the "technical data" contained in such reports and
<br /> revealed at or contiguous to the Site which was not drawings , but such reports and drawings are
<br /> not Contract
<br /> shown or indicated , or not shown or indicated with Documents . Such "technical data" is identified
<br /> in the
<br /> *MW reasonable accuracy in the Contract Documents , CON- Supplementary Conditions . Except for such reliance on such
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