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4.2.4. ENGINEER's Ret'Fgw: ENGINEER will determine the extent to which the Comracl Documents <br />promptly review the pertinent conditions, determine the should be modified to reflect and document the conse- <br />necessity of obtaining addilional explorations or tests with quences of t he existence of the Underground Facility, and <br />respect thereto and advise OWN ER in writing (with a copy thc Contract Documents will be amended or supplemented <br />to CONTRACTOR) of ENGINEER's findings and con- to the extent necessary. During such time, CONTRAC- <br />clusions. TOR shall be responsible for the safety and protection of <br /> such Underground Facility as provided in paragraph 6.20. <br />4.2.5. Possible Document Change: If ENGINEER CONTRACTOR shall be allowed an increase in the Con- <br />concludes that there is a material error in the Contract tract Price or an extension of the Contract Time, or both, <br />Documents or that because of newly discovered condi- to the extent that they are attributable to the existence of <br />lions a change in the Contract Documents is required, a any Underground Facility that was not shown or indicated <br />Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR <br />as provided in Article 10 to reflect and document the could not reasonably have been expected to be aware oL <br />consequences of the inaccuracy or difference. If the parties are unable to agree as to the amount or length <br /> thereof, CONTRACTOR may make a claim therefor as <br />4.2.6. PosslbIe Price atto Time Adjustments: In each provided in Articles 11 and 12. <br />such case, an increase or decrease in the Contract Price <br />or an extension or shortening oftbe Contract Time, or any <br />combination thereof, will be allowable to thc extent that Reference Points: <br />they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to caleb- <br />If OWNER and CONTRACTOR are unable to agree as to lish reference points for construction which in ENGINEER's <br />theamountorlengththereof, aclaimmaybemadetberefor judgmentarenecessarytoenableCONTRACTORtoproceed <br />as provided in Articles 11 and 12. with the Work. CONTRACTOR shall be responsible for lay- <br /> ing out the Work (unless otherwise specified in the General <br /> Requirements), shall protect and preserve the established <br />Physical Conditions--Underground Facilities: reference points and shall make no changes or relocations <br />4.3.1. Shown or Indicated: The information and data without the prior written approval of OWNER. CONTRAC- <br />shown or indicated in the Contract Documents w/th respect TOR shall report to ENGINEER whenever any reference <br />to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires relocation because of <br />site is based on information and data furnished to OWNER necessary changes in grades or locations, and shall be respon- <br />or ENGINEER by the owners of such Underground Facil- sible for the accurate replacement or relocation of such tel- <br />tries or by others. Unless it is otherwise expressly pro- erence points by professionally qualified personnel. <br />vided in the Supplementary Conditions: <br /> <br /> 4.3.1.1. OWNER and ENGINEER shall not be ARTICLES---BONDS AND INSURANCE <br /> responsible for the accuracy or completeness of any <br /> such information or data; and, <br /> Performance and Other Bonds: <br /> 4.3.1.2. CONTRACTOR shall have full responsl- 5.1. CONTRACTOR shall furnish performance and pay- <br /> bility for reviewing and checking all such information merit Bonds, each in an amount at least equal to the Contract <br /> and data, for locating all Underground Facillties shown Pdcq as sccurity for the falthful parformanee and payment of <br /> or indicated in the Contract Documents, for coordina- all CONTRACTOR's obligations under the Contract Docu- <br /> lion of the Work with the owners of such Underground merits. These Bonds shall remain in effect at least until one <br /> Facilities during construction, for the safety and pro- year after the date when final payment becomes due, except <br /> tcction thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con- <br /> repairing any damage thereto resulting from the Work, tract Documents. CONTRACTOR shall also furnish such <br /> the cost of all of which will be considered as having other Bonds as are required by the Supplementary Condi-' <br /> been included in the Contract Price. tlons. All Bonds shall be in the forms prescribed by Law or <br /> Regulation or by the Contract Documents and be executed <br /> 4.3.2. Not Shown or Indicated. If an Underground by such sureties as are named in the current list of "Corn- <br /> Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority as Acceptable Sure- <br /> site which was not shown or indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Corn- <br /> Documents and which CONTRACTOR could not reason- panles" as published in (2iroular 570 (amended) by the Audit <br /> ably have been expected to be aware of, CONTRACTOR Stuff Bureau of Accounts, U.S. Treasury Department. Ail <br /> shall, promptly after becoming aware thereof and beforo Bonds signed by an agent must be accompanied by a certified <br /> performing any Work affected thereby (except in an emer- copy of the authority to act. <br /> gency as permitted by paragraph 6.22), identify the owner <br /> of such Underground Facility and give written notlcc thereof 5.2. If thc surety on any Bond furuishcd by CONTRAC- <br /> to that owner and to OWNER and ENGINEER. ENGI- TOR is declared a bankrupt or becomes insolvent ot;it~ right <br /> NEER will promptly review thc Underground Facility to to do business is terminated in any state where any part of <br /> <br /> 39 <br /> <br /> <br />