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deleffrime the necessity ofOWNER's oht,aining additional exploration of tests
<br />with respedtheredo, and advL�: OWNER in writing (with a copy to CONTRAC-
<br />TOR) of FNGTNEER's findings and conclusions
<br />I The Contract Price or the Contract Times, or both, will he
<br />equitably adjusted to the extent that the existence of such differing
<br />subsurface or physical condition causes an increase or decrease in
<br />CONTRACTOR `s cost of, or time required for, performance of Work,
<br />subject, however, to the fallowing:
<br />8- such condition must meet anyone or more of the categories
<br />described in paragraph 4.03 A, and
<br />b s, i1h respect io Work that is paid for on a Unit Price Basis,
<br />any adjugment in Contract Price will be subject to the provisions of
<br />paragraphs 9 09 and 1103
<br />2 CONTRACTOR shall not be entitled to any adjustment in the
<br />Contract Price or Contract Times if,
<br />A. CONTRACTOR knew of the eylstence of such conditions
<br />at the time CONULACTOR made a final commitment to OWNER in
<br />respect of Contract Price and Contract Times by the submission of
<br />Bid or becoming bound under a negotiated contract, or
<br />b the emunce ofsuch condition could reasonably have been
<br />discovered or revealed as a result ofany examination, investigation,
<br />explomlion, itst, orstudy of Site and contiguous areas required by
<br />the Bidding Requirements or Contract Documents to be conducted by
<br />or for CONTRACTOR prior to CONTRACTOR's making such fmal
<br />commitment, or
<br />c C014TRACTOR riuled to give the writien notice within the
<br />time and as required by paragraph 4,03 A
<br />3 if OWNER and CONTRACTOR are unable to agree on
<br />entitlement to or on the amount or extent, ifany, of any adjustment in the
<br />Contract Price or Contract Times, or both, a Claim may b,; made therefor as
<br />Provided in paragraph 10.05. However, OWNER. ENGINEER, and
<br />ENGINERR's Consultants shall not be liable to CONTRACTOR for any
<br />claims, cow, lossez;, or damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other professionals and aU
<br />court or arbitration or other dispute resolution costs) sustained by
<br />CONTRACTOR on or in connection with any other project or anticipated
<br />project
<br />404 Underground Facilities
<br />A. Shom orindrcated, The info lion and data shown or indicated in
<br />the Contract Documents with respect to existing Underground Facilities at or
<br />conligaous to the Site is based on information and data furnished to OWNER or
<br />ENGINEER by the Own= ofsuch Underground Facilities, including OWNER,
<br />or by others. Unless it is otherwise expressly provided in [be Supplementary
<br />Conditions
<br />1. OWNER and ENGINEER shall not be responsible for the
<br />accuracy or completeness ofany such information or data-, and
<br />2. the cod of all ofthe following will be included in the Contract
<br />Prim and CONTRACTOR shall have full responsibility for:
<br />a_ reviewing and checking all stich inrornialion and data,
<br />b locating all Underground Facilities shown or indicated in
<br />ft Contract Documents.
<br />C. coordination of the Work With the owners Of such Un-
<br />derground Facilities, including OWNER, during construWon, and
<br />d. thesafety and protadion ofall such Underground Facilities
<br />and repairing any damage thereto resulting from the Work
<br />B Not Shown or Indicated
<br />1. Ifan Underground Facility is uncovered or revealed at or coolig-
<br />or indicated
<br />MOM,. 111 . MIN; —011 mm I M OIL, cc, 10, 110 1, 000�_—0, 1 "I'M M
<br />shA pyumpii,, after becoming aware thereof and before further disturbing
<br />conditions affeLlou thereby or performing any Work in connection therewith
<br />(except in an emergency as required by paragraph 6 16 A), identify the
<br />owner of such Underground Facility and give wniten notice to that owner
<br />and to OWNER and ENGINEER ENGINEER will promptly review the
<br />Underground facility and determine the extent, if any, to which a change is
<br />required in the Contract Documents to
<br />During such Lune, CON TRAM OR shall be responsible for the safety and
<br />protection of such Underground Facility J'he discoyer�Ftbesc.�ulifiiit-.
<br />0 s
<br />iall not be
<br />LZoun& for additional compensafion_Additional time mai be
<br />recommended by the ENGINEER if. in his opinion the work is unduly
<br />delayed for resolution of the utility conflict,
<br />to
<br />um
<br />405 Reference Points
<br />A. OWNER shall provide engineering surveys to establish reference
<br />pointsfor construction which in ENGINFLR's ixidgment are riccuv"xy to enable
<br />CONTRACTOR to proceed with the Work. CONIRAC'FOR shall be
<br />responsible for laying out the Work, shall protect and preserve the established
<br />reference points and properly monuments, and shall make no changes or reloca-
<br />tions without the prior written approval of OWNER. CONTRACTOR shall
<br />mpairito ENGINEER wbeneverany reference point or property monument is log
<br />or destroyed or require% relocation because of necessary changes in grades or
<br />locations, and shall be responsible for the accurate replaotment or relocation of
<br />such reference points or property monuments by professionally qualified
<br />personnel.
<br />406 Hazardous Environmental Condition at Site
<br />A Reports and Drawings: Reference is made to the Supplementary
<br />Conditions for the identification of those reports and drawings relating to a
<br />Hazardous Envirumnerital Condition identified at the Site, ifany, that have bew
<br />utilized by The ENGINEER in the preparation of the Contract Documents,
<br />B. Limited Reliance by CORMACTOR on Technical Data Authorized,,
<br />CONTRACTOR may rely upon the general accuracy ofthe "technical daW'
<br />contained in such reports and drawings, but such reports and drawings are not
<br />CrintradDocuments. Such "technical daW'is identified in the Supplementary
<br />ConMom Exwpt. flir such reliance on such "technical dalii,"CONTRACTOR
<br />may not rely upon or make any Claim against OWNER, ENGINEER or any of
<br />ENGINEER's Consultants with respect to:
<br />1. the completeness of such reports and drawings for
<br />CO14TRACrOR's purposes. including but not firniled to, any aspects ofthe
<br />ymmas, methods, techniVe&, sequences and procedures ofconstruction to be
<br />employed by CONTRACTOR and safety precautions and programs incident
<br />thereto; or
<br />Z. other data, interpretations, opinions and information contained
<br />in such reports or shown or indicated in such drawings'; or
<br />3- any CONTRACTOR urterprttation of or conclusion drawnfrom.
<br />any "technical data" or any such other data, interpretations, opinions or
<br />information.
<br />C, CONTRACTOR shall not be responsible for any Hazardous
<br />Site which was not shown
<br />0 MOO,
<br />690
<br />CONTRACTOR is responsible.
<br />111116g1
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