Common use of Changed Conditions Clause in Contracts

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 65 contracts

Samples: Job Order Contract, Job Order Contract for Hvac Services, Job Order Contract for Demolition Services

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Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. a. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. b. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. c. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. d. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, the provisions of the Contract shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law law, which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 28 contracts

Samples: Job Order Contract, Job Order Contract, Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, the provisions of the Contract shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 10 contracts

Samples: Job Order Contract for General Construction Services, Job Order Contract for Electrical Services, Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this Contractcontract, or ii. (2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work work of the character provided for in this Contract. iii. (3) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. (4) County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contractcontract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, Article 18 shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Workwork, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 6 contracts

Samples: Contract for Structured Cabling and Installation Services, Contract for Structured Cabling and Installation Services, Contract for Structured Cabling and Installation Services

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 4 contracts

Samples: Job Order Contract, Job Order Contract, Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Workwork, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 2 contracts

Samples: Job Order Contract, Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s 's cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance C nce of any part of the Workwork, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. a. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. b. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. c. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. d. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, the provisions of the Contract shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law law, which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. a. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. b. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. c. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. d. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, the provisions of the Contract shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. . e. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law law, which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

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Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of:: DocuSign Envelope ID: 2A35A50F-9ED9-4E1A-9B45-68F04CCCCA51 i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s Contractor‟s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, but in no event more than 7 days after the condition is first observed, notify County in writing of the following site conditions ("Changed Conditions") and before shall leave such conditions are disturbed, notify the County Project Manager in writing ofundisturbed until otherwise directed by County: i. (a) Subsurface or latent physical conditions at the site differing materially from those indicated represented in this Contract, orthe Contract Documents; ii. (b) Unknown physical conditions at the site, of an unusual nature, site differing materially from those ordinarily encountered and generally recognized as inherent in Work work of the character provided for in this Contract.; and iii. (c) Material differing from that represented in the Contract Documents which Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the waste pursuant to Health and & Safety Code that is required to be removed to a Class ISection 25117. Upon written notice of Changed Conditions from Contractor, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will shall promptly investigate the such conditions, and if, as a result, . If County finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, of or the time required or for performance of this Contractthe work, an equitable adjustment County may, at its discretion: (a) terminate all or part of the Contract in accordance with section 17 above, and Articles 32 and 46, shall be made and "Termination for Convenience County" Section of these General Conditions; (b) issue a written change to the Contract modified in writing accordinglyaccordance with the "Changes" Section of these General Conditions; or (c) make any other appropriate arrangements to address the Changed Conditions. Any claim of the by Contractor for adjustment hereunder shall not be allowed unless he Contractor has given notice as above requiredproper notice. In the event that a dispute arises between the County and the Contractor Parties as to whether the conditions materially differ, constitute Changed Conditions or involve hazardous waste, affect the price or cause a decrease or increase in the Contractor’s cost of, or, time required for, for performance of any part of the Work, the work: (i) Contractor shall not be excused from any scheduled completion date provided for by the Contract, but submit a written notice of potential claim to County; (ii) Contractor shall then proceed with all Work work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.; and

Appears in 1 contract

Samples: Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.pertain

Appears in 1 contract

Samples: Job Order Contract

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the County Project Manager in writing of:: DocuSign Envelope ID: BD25A929-5CDC-4AE6-A164-D13C0D63658D i. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. iii. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. iv. County Project Manager will promptly investigate the conditions, and if, as a result, finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required or performance of this Contract, an equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required. In the event that a dispute arises between the County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or, time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Appears in 1 contract

Samples: Job Order Contract

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