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c. Contractor's entitlement to an adjustment of the Contract Times is conditioned <br />on such adjustment being essential to Contractor's ability to complete the Work <br />within the Contract Times. <br />2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract <br />Times with respect to a subsurface or physical condition if: <br />a. Contractor knew of the existence of such condition at the time Contractor made a <br />commitment to Owner with respect to Contract Price and Contract Times by the <br />submission of a Bid or becoming bound under a negotiated contract, or <br />otherwise; or <br />b. the existence of such condition reasonably could have been discovered or <br />revealed as a result of any examination, investigation, exploration, test, or study <br />of the Site and contiguous areas expressly required by the Bidding Requirements <br />or Contract Documents to be conducted by or for Contractor prior to Contractor's <br />making such commitment; or <br />c. Contractor failed to give the written notice as required by Paragraph 5.04.A. <br />3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount <br />or extent of any adjustment in the Contract Price or Contract Times, or both, then any <br />such adjustment shall be set forth in a Change Order. <br />4. Contractor may submit a Change Proposal regarding its entitlement to or the amount <br />or extent of any adjustment in the Contract Price or Contract Times, or both, no later <br />than 30 days after Owner's issuance of the Owner's written statement to Contractor <br />regarding the subsurface or physical condition in question. <br />5.05 Underground Facilities <br />A. Contractor's Responsibilities: The information and data shown or indicated in the Contract <br />Documents with respect to existing Underground Facilities at or adjacent to the Site is <br />based on information and data furnished to Owner or Engineer by the owners of such <br />Underground Facilities, including Owner, or by others. Unless it is otherwise expressly <br />provided in the Supplementary Conditions: <br />1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any <br />such information or data provided by others; and <br />2. the cost of all of the following will be included in the Contract Price, and Contractor <br />shall have full responsibility for: <br />a. reviewing and checking all information and data regarding existing Underground <br />Facilities at the Site; <br />b. locating all Underground Facilities shown or indicated in the Contract Documents <br />as being at the Site; <br />c. coordination of the Work with the owners (including Owner) of such <br />Underground Facilities, during construction; and <br />d. the safety and protection of all existing Underground Facilities at the Site, and <br />repairing any damage thereto resulting from the Work. <br />B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered <br />or revealed at the Site was not shown or indicated in the Contract Documents, or was not <br />shown or indicated with reasonable accuracy, then Contractor shall, promptly after <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 15 of 65 <br />