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Work in connection therewith (except in an emergency
<br />as required by paragraph 6.16.A), notify OWNER and
<br />ENGINEER in writing about such condition.
<br />CONTRACTOR shall not further disturb such
<br />condition or perform any Work in connection therewith
<br />(except as aforesaid) until receipt of written order to do
<br />so.
<br />B. ENGINEER's Review: After receipt of written
<br />notice as required by paragraph 4.03.A, ENGINEER
<br />will promptly review the pertinent condition, determine
<br />the necessity of OWNER's obtaining additional
<br />exploration or tests with respect thereto, and advise
<br />OWNER in writing (with a copy to CONTRACTOR) of
<br />ENGINEER's findings and conclusions.
<br />C. Possible Price and Times Adjustments
<br />1. The Contract Price or the Contract
<br />Times, or both, will be equitably adjusted to the
<br />extent that the existence of such differing
<br />subsurface or physical condition causes an in-
<br />crease or decrease in CONTRACTOR's cost
<br />of, or time required for, performance of the
<br />Work; subject, however, to the following:
<br />a. such condition must meet any one or
<br />more of the categories described in para-
<br />graph 4.03.A; and
<br />b. with respect to Work that is paid for
<br />on a Unit Price Basis, any adjustment in
<br />Contract Price will be subject to the
<br />provisions of paragraphs 9.08 and 11.03.
<br />2. CONTRACTOR shall not be entitled
<br />to any adjustment in the Contract Price or
<br />Contract Times if:
<br />a. CONTRACTOR knew of the
<br />existence of such conditions at the time
<br />CONTRACTOR made a final commitment
<br />to OWNER in respect of Contract Price and
<br />Contract Times by the submission of a Bid
<br />or becoming bound under a negotiated
<br />contract; or
<br />b. the existence of such condition could
<br />reasonably have been discovered or
<br />revealed as a result of any examination,
<br />investigation, exploration, test, or study of
<br />the Site and contiguous areas required by
<br />the Bidding Requirements or Contract
<br />Documents to be conducted by or for CON-
<br />TRACTOR prior to CONTRACTOR's
<br />making such final commitment; or
<br />c. CONTRACTOR failed to give the
<br />written notice within the time and as re-
<br />quired by paragraph 4.03.A.
<br />3. If OWNER and CONTRACTOR are
<br />unable to agree on entitlement to or on the
<br />amount or extent, if any, of any adjustment in
<br />the Contract Price or Contract Times, or both, a
<br />Claim may be made therefor as provided in
<br />paragraph 10.05. However, OWNER,
<br />ENGINEER, and ENGINEER's Consultants
<br />shall not be liable to CONTRACTOR for any
<br />claims, costs, losses, or damages (including
<br />but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by
<br />CONTRACTOR on or in connection with any
<br />other project or anticipated project.
<br />4.04 Underground Facilities
<br />A. Shown or Indicated: The information and data
<br />shown or indicated in the Contract Documents with
<br />respect to existing Underground Facilities at or
<br />contiguous to the Site is based on information and
<br />data furnished to OWNER or ENGINEER by the
<br />owners of such Underground Facilities, including
<br />OWNER, or by others. Unless it is otherwise,
<br />expressly provided in the Supplementary Conditions:
<br />1. OWNER and ENGINEER shall not
<br />be responsible for the accuracy or com-
<br />pleteness of any such information or data; and
<br />2, the cost of all of the following will be
<br />included in the Contract Price, and CONTRAC-
<br />TOR shall have full responsibility for
<br />a. reviewing and checking all such
<br />information and data,
<br />b, locating all Underground Facilities
<br />shown or indicated in the Contract
<br />Documents,
<br />c, coordination of the Work with the
<br />owners of such Underground Facilities,
<br />including OWNER, during construction, and
<br />d. the safety and protection of all such
<br />Underground Facilities and repairing any
<br />damage thereto resulting from the Work.
<br />B. Not Shown or Indicated
<br />1. If an Underground Facility is
<br />uncovered or revealed at or contiguous to the
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<br />Projects10217-Powerline Road\Bid Documents\00700 -
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<br />1. OWNER and ENGINEER shall not
<br />be responsible for the accuracy or com-
<br />pleteness of any such information or data; and
<br />2, the cost of all of the following will be
<br />included in the Contract Price, and CONTRAC-
<br />TOR shall have full responsibility for
<br />a. reviewing and checking all such
<br />information and data,
<br />b, locating all Underground Facilities
<br />shown or indicated in the Contract
<br />Documents,
<br />c, coordination of the Work with the
<br />owners of such Underground Facilities,
<br />including OWNER, during construction, and
<br />d. the safety and protection of all such
<br />Underground Facilities and repairing any
<br />damage thereto resulting from the Work.
<br />B. Not Shown or Indicated
<br />1. If an Underground Facility is
<br />uncovered or revealed at or contiguous to the
<br />00700 - General Conditions
<br />
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