Common use of Differing Site Conditions Clause in Contracts

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY in writing of the existence of the aforesaid conditions. CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Manager, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER as the date of substantial completion.

Differing Site Conditions. 16.1 In the event that during the course of the Work CONTRACTOR work the Contractor encounters subsurface or concealed conditions at the Project project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditionsany supplementary conditions; or unknown physical conditions of the Project project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR Contractor shall, within twenty-four (24) hours of their discovery, notify CITY the NMCRA in writing of the existence of the aforesaid conditions. CITY NMCRA shall, within two (2) business days after receipt of CONTRACTOR's Contractor’s written notice, investigate the site conditions identified by CONTRACTORContractor. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project ManagerNMCRA, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's Contractor’s cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER NMCRA shall recommend an equitable adjustment to the Contract PriceFee, or the Contract TimeTerm, or both. If CITY NMCRA and CONTRACTOR Contractor cannot agree on an adjustment in the Contract Price Fee or Contract TimeTerm, the adjustment shall be referred to CITY ENGINEER City Engineer for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER City Engineer determine that the conditions of the Project project site are not so materially different to justify a change in the terms of the ContractAgreement, CITY ENGINEER City Engineer shall so notify CONTRACTOR Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. . 16.2 No request for an equitable adjustment or change to the Contract Price Fee or Contract Time Term for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER as the date of substantial completionSubstantial Completion.

Differing Site Conditions. In the event that 34.1. If during the course progress of the Work CONTRACTOR work, the Contractor encounters (1) subsurface or concealed conditions at the Project project site which that differ materially from those shown on indicated in the Contract Documents and Project Documents; or (2)unknown physical conditions of the project site an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character called provided for in the Contract Documents and Supplementary Conditions; or unknown physical conditions of Project Documents, are encountered at the Project site, of an unusual naturethe Contractor, which differ materially from that ordinarily encountered without disturbing the conditions and generally recognized as inherent in before performing any work of the character called for in the Contract Documents in the locales affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY the Project Manager in writing of the existence of the aforesaid conditions. 34.2. CITY The Project Manager shall, within two (2) business days after receipt of CONTRACTOR's Contractor’s written notice, investigate the site conditions identified by CONTRACTORContractor. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Manager, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's Contractor’s cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER shall whether or not charged as a result of the conditions, Project Manager may recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. 34.3. If CITY the Project Manager and CONTRACTOR the Contractor cannot agree on an adjustment in the Contract Price project price or Contract Timeproject time, the adjustment shall be referred to CITY ENGINEER the Contract Administrator for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER determine that the conditions provisions of the Project site are not so materially different RESOLUTION OF DISPUTES SECTION. No request by Contractor for an equitable adjustment to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination this Contract under this provision shall be final and binding upon allowed unless Contractor has given written notice to Contract Administrator in strict accordance with the parties heretoprovisions of this article. No request for an equitable adjustment or change to the Contract Price project price or Contract Time project time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER Contract Administrator as the date of substantial completionSubstantial Completion. 34.4. No request by the Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless the Contractor has given written notice in strict accordance with the provisions of this Article. 34.5. No request for an equitable adjustment or change to the project’s price or project time for differing site conditions shall be allowed if made after Final Acceptance of the project.

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY in writing of the existence of the aforesaid conditions. CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s PROJECT MANAGER or Project Manager’s designee, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER PROJECT MANAGER shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER PROJECT MANAGER for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER PROJECT MANAGER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER PROJECT MANAGER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER PROJECT MANAGER as the date of substantial completion.

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR work, XXXX encounters an underground utility that was not shown on the CONTRACT DOCUMENTS; or subsurface or concealed conditions at the Project project site which differ materially from those shown on the Contract Documents CONTRACT DOCUMENTS and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary ConditionsCONTRACT DOCUMENTS; or unknown physical conditions of the Project PROJECT site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in CONTRACT DOCUMENTS, XXXX without disturbing the locales conditions and before performing any work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of no later than 9:00 a.m. the next day after their discovery, notify CITY CONSULTANT in writing of the existence of the aforesaid conditions. CITY CONSULTANT shall, within two (2) one business days day after receipt of CONTRACTOR's XXXX’x written notice, investigate the site conditions identified by CONTRACTORthe XXXX. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project ManagerCONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's XXXX’x cost of, or the time required for, for the performance of any part of the Workwork, CITY ENGINEER whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract PriceCONTRACT PRICE, or the Contract TimeCONTRACT TIME, or both, which is subject to written approval by the PROJECT MANAGER. If CITY CONSULTANT and CONTRACTOR XXXX cannot agree on an adjustment in the Contract Price CONTRACT PRICE or Contract TimeCONTRACT TIME, the adjustment shall be referred to CITY ENGINEER for determination determined by the CONSULTANT in accordance with Article 30. No request by XXXX for an equitable adjustment or change to the CONTRACT PRICE or CONTRACT TIME under this provision for resolving disputes. Should CITY ENGINEER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final allowed unless the XXXX has given written notice within 30 days from when the XXXX knew or should have known of such conditions and binding upon the parties heretowritten notice shall detail the facts relating to such request. . No request for an equitable adjustment or change to the Contract Price CONTRACT PRICE or Contract Time CONTRACT TIME for differing different site conditions shall be allowed if made after the date certified by CITY ENGINEER CONSULTANT as the date of substantial completionSUBSTANTIAL COMPLETION.

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, within twenty-four twenty‐four (24) hours of their discovery, notify CITY in writing of the existence of the aforesaid conditions. CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Manager, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER as the date of substantial completion.

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR encounters subsurface Design-Build Entity’s notice to Owner shall be issued by telephone or concealed conditions at the Project site which differ materially from those shown on the Contract Documents in person and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, followed within twenty-four (24) 24 hours of their discovery, notify CITY in writing of the existence of the aforesaid conditions. CITY shall, within two (2) business days after receipt of CONTRACTOR's thereafter by written notice, providing a brief description of why the condition encountered is considered a Differing Site Condition. Promptly upon receipt of Design-Build Entity’s notice, Owner will investigate the site conditions identified by CONTRACTORconditions. If, during construction, the Design-Build Entity encounters an alleged Differing Site Condition, the Design-Build Entity shall immediately give written notice and may continue work; provided however that the following documents and information shall be submitted on a daily basis: 1. Digital photographs (paper and electronic copy) that detail the Differing Site Conditions; 2. An electronic copy of the pertinent data (e.g. settlement monitoring data, boring logs, dewatering production rates, etc.) for the previous 24 hours; 3. As applicable, sample of soil and groundwater in the sole opinion alleged Differing Site Condition area. 4. Design-Build Entity’s applicable daily reports for each day that the alleged Differing Site Condition exists; and 5. Detailed daily records (which shall include, but not be limited to, labor and equipment), describing the alleged Differing Site Conditions and the impact the Differing Site Conditions are having on the progress of CITY ENGINEER the construction. Immediate written notice shall describe the specific ground conditions encountered and the measures taken to deal with the consent ground conditions. The Design-Build Entity will provide the OR with written notice within 5 business days discovery of City’s Project Manageran Unforeseen and Differing Site Condition. The OR, in conjunction with the Owner and IOR, will promptly investigate the conditions, and if they find that the conditions do so materially so differ differ, or do involve hazardous waste, and cause an a decrease or increase in Design-Build Entity’s Contract Price or decrease in CONTRACTOR's cost of, or the time required for, the performance of Contract Time for any part of the Work, CITY ENGINEER shall the OR will recommend an equitable adjustment to that the Owner issue a Change Order under Section 9 of the Agreement. If it is determined that physical conditions at the site are not materially different from those indicated in Bid Documents or that no change in terms of the Contract PriceDocuments is justified, or the Contract TimeOR will notify Design-Build Entity in writing, or both. If CITY and CONTRACTOR canstating reasons the Design-Build Entity will not agree on be entitled to an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER determine that the conditions Such reasons may include any of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER as the date of substantial completion.following:

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR on a Project the Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on in the Contract Documents Contract, and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents Contract, Contractor, without disturbing the conditions and Supplementary Conditions; or unknown physical conditions of the Project sitebefore performing any Work affected by such conditions, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, within twenty-four (24) hours of their its discovery, notify CITY the Project Manager and/or Consultant in writing of the existence of the aforesaid conditions. CITY Project Manager or the Consultant shall, within two (2) business days after receipt of CONTRACTORContractor's written notice, investigate the site conditions identified by CONTRACTORContractor. If, in the sole opinion of CITY ENGINEER with Project Manager or the consent of City’s Project ManagerConsultant, the conditions do materially so differ and cause an increase or decrease in CONTRACTORContractor's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to cost of the Contract Price, Work or the Contract Timetime to complete the Work, or both. If CITY the Project Manager and CONTRACTOR Contractor cannot agree on an adjustment in the Contract Price or and/or Contract Time, the adjustment shall be referred to CITY ENGINEER the Town’s Procurement Manager for determination in accordance with the provision for resolving disputesdetermination. Should CITY ENGINEER the Town’s Procurement Manager determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER the Director shall so notify CONTRACTOR the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER Consultant or Project Manager as the date of substantial completion.

Differing Site Conditions. In the event that ‌‌ If during the course of the Work CONTRACTOR Design/Build Firm encounters (1) subsurface or concealed conditions at the Project site which that differ materially from those shown on in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary ConditionsContract; or (2) unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in Contract, then Design/Build Firm, without disturbing the locales conditions and before performing any Work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY Contract Administrator and Design Criteria Professional in writing of the existence of the aforesaid conditions. CITY Design Criteria Professional and Contract Administrator shall, within two (2) business days after receipt of CONTRACTOR's of‌ Design/Build Firm’s written notice, investigate the site conditions identified by CONTRACTORDesign/Build Firm. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project ManagerContract Administrator, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's Design/Build Firm’s cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER shall whether or not charged as a result of the conditions, Contract Administrator may recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY Contract Administrator and CONTRACTOR Design/Build Firm cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER Design Criteria Professional for determination in accordance with the provisions of Article 16. No request by Design/Build Firm for an equitable adjustment to the Contract under this provision for resolving disputes. Should CITY ENGINEER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon allowed unless Design/Build Firm has given written notice to Contract Administrator in strict accordance with the parties heretoprovisions of this article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER Contract Administrator as the date of substantial completion.Substantial Completion.‌

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary ConditionsDocuments; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in Documents, Contractor , without disturbing the locales conditions and before performing any work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY Village and Consultant in writing of the existence of the aforesaid conditions. CITY Consultant and Village shall, within two (2) business days after receipt of CONTRACTORContractor's written notice, investigate the site conditions identified by CONTRACTORContractor. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project ManagerConsultant, the conditions do materially so differ and cause an increase or decrease in CONTRACTORContractor's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER whether or not charged as a result of the conditions, Consultant shall recommend an .an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY Village and CONTRACTOR Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER Consultant for determination in accordance with the provision for resolving disputesprovisions of Section 12. Should CITY ENGINEER Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER Consultant shall so notify CONTRACTOR Village and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Section. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER Consultant as the date of substantial completion.

Differing Site Conditions. 1. In the event that during the course of the Work Work, CONTRACTOR encounters subsurface or concealed conditions at the Project job site which differ materially from those shown on the Contract Project Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; Project Documents, or unknown physical conditions of the Project site, of an unusual naturenature at the job site, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in Project Documents, CONTRACTOR, without disturbing the locales conditions and before performing any work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of their its discovery, notify CITY in writing the Project Manager of the existence of the aforesaid conditions. 2. CITY The Project Manager shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Manager, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER whether or not charged as a result of the conditions, CONTRACTOR shall recommend an equitable provide a revised estimate including adjustment to the Contract Project Price, or the Contract Project Time, or both, for the Project Manager’s approval. 3. If CITY the Project Manager and CONTRACTOR cannot agree on an adjustment in the Contract Project Price or Contract Project Time, the adjustment shall be referred to CITY ENGINEER the Contract Administrator for determination in accordance with the provision for resolving disputesfinal determination. Should CITY ENGINEER the Contract Administrator determine that the conditions of the Project site are not so materially different to justify a change in the terms of the ContractProject/NTP, CITY ENGINEER the Contract Administrator shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties heretohereto after which the CONTRACTOR will be required to proceed with the work without any additional compensation related to such conditions. 4. No request by CONTRACTOR for an equitable adjustment to the Project Price under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Section. 5. No request for an equitable adjustment or change changes to the Contract Project Price or Contract Project Time for differing site conditions shall be allowed if made after the date certified declared by CITY ENGINEER the Contract Administrator, or designee, as the date of substantial completion.

Differing Site Conditions. In the event that during the course of the Work CONTRACTOR Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary ConditionsDocuments; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in Documents, Contractor , without disturbing the locales conditions and before performing any work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twentythree (3) days or seventy-four two (2472) hours of their discovery, notify CITY Village and Consultant in writing of the existence of the aforesaid conditions. CITY Consultant and Village shall, within two (2) business days after receipt of CONTRACTORContractor's written notice, investigate the site conditions identified by CONTRACTORContractor. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project ManagerConsultant, the conditions do materially so differ and cause an increase or decrease in CONTRACTORContractor's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY Village and CONTRACTOR Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER Consultant for determination in accordance with the provision for resolving disputesprovisions of Section 12. Should CITY ENGINEER Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CITY ENGINEER Consultant shall so notify CONTRACTOR Village and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties heretohereto subject to dispute resolution in Section 12. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Section. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER Consultant as the date of substantial completion.

Differing Site Conditions. In If Differing Site Conditions are encountered, Program Manager shall ensure that notice by the observing party shall be given promptly before conditions are disturbed and in no event that during the course later than ten (10) days after first observance of the Work CONTRACTOR encounters subsurface or concealed conditions. Program Manager shall ensure that the appropriate consultant will promptly investigate such conditions at and consult with the Project site which differ materially from those shown on Designated City Representative regarding whether the Contract Documents conditions constitute a Differing Site Condition. If the consultant determines that a Differing Site Condition exists, the consultant shall notify City and from those ordinarily encountered and generally recognized as inherent in work Program Manager of the character called for any anticipated increase in the Contract Documents cost of and/or time to complete the Project. If City and Supplementary Conditions; or unknown physical conditions of Program Manager agree that a Differing Site Condition exists, Program Manager will cause the Project site, of an unusual nature, which differ materially from that ordinarily encountered affected Contractors to be notified and generally recognized as inherent in work of to prepare change orders to their Design- Build Contracts to reflect such additional expense and/or time. If the character called for Designated City Representative agrees to the time adjustment and cost contained in the Contract Documents in the locales such as that where the work is to be done, CONTRACTOR shall, within twenty-four (24) hours of their discovery, notify CITY in writing of the existence of the aforesaid conditions. CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Managerproposed change order, the conditions do materially so differ and proposed change order shall be processed under the guidelines set forth in Section 17 below. The GMP shall be adjusted to account for the increased costs attributable to such Differing Site Conditions to the extent approved by City. Any time delay associated with such Differing Site Condition shall also cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or bothSubstantial Completion Date. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CITY ENGINEER for determination in accordance with the provision for resolving disputes. Should CITY ENGINEER determine consultant determines that the conditions of at the Project site Site are not so materially different to justify a at material variance with those indicated in the Project Documents and that no change in the terms items of this Agreement is justified, the Contract, CITY ENGINEER consultant shall so notify CONTRACTOR City and Program Manager in writing, stating the reasons. After obtaining approval from City, Program Manager shall assure that its Construction Manager notifies all potentially affected Contractors of such determination and such reasons. Claims by City in opposition to any determination by the consultant that Differing Site Conditions exists must be made within twenty (20) working days after the consultant has given notice of its determination. If City and any Contractor cannot mutually agree regarding whether a Differing Site Condition exists and/or the amount of an adjustment to the contract sum or time extension for an affected Design-Build Contract, the adjustments, if any, shall be final and binding upon determined in accordance with the parties hereto. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY ENGINEER as the date of substantial completionguidelines set forth in Section 19 below.

Differing Site Conditions. 1. In the event that during the course of the Work Work, CONTRACTOR encounters subsurface or concealed conditions at the Project job site which differ materially from those shown on the Contract Project Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents and Supplementary Conditions; Project Documents, or unknown physical conditions of the Project site, of an unusual naturenature at the job site, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents in Project Documents, CONTRACTOR, without disturbing the locales conditions and before performing any work affected by such as that where the work is to be doneconditions, CONTRACTOR shall, within twenty-four (24) hours of their its discovery, notify CITY in writing the Project Manager of the existence of the aforesaid conditions. 2. CITY The Project Manager shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY ENGINEER with the consent of City’s Project Manager, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, CITY ENGINEER whether or not charged as a result of the conditions, CONTRACTOR shall recommend an equitable provide a revised estimate including adjustment to the Contract Project Price, or the Contract Project Time, or both, for the Project Manager’s approval. 3. If CITY the Project Manager and CONTRACTOR cannot agree on an adjustment in the Contract Project Price or Contract Project Time, the adjustment shall be referred to CITY ENGINEER the Contract Administrator for determination in accordance with the provision for resolving disputesfinal determination. Should CITY ENGINEER the Contract Administrator determine that the conditions of the Project site are not so materially different to justify a change in the terms of the ContractProject/NTP, CITY ENGINEER the Contract Administrator shall so notify CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties heretohereto after which the CONTRACTOR will be required to proceed with the work without any additional compensation related to such conditions. 4. No request by CONTRACTOR for an equitable adjustment to the Project Price under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Section. 5. No request for an equitable adjustment or change to the Contract Project Price or Contract Project Time for differing site conditions shall be allowed if made after the date certified declared by CITY ENGINEER the Contract Administrator, or designee, as the date of substantial completion.