Common use of DISCOVERED HAZARDOUS WASTE Clause in Contracts

DISCOVERED HAZARDOUS WASTE. 1. The Contractor shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. Material that the Contractor believes may be 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; b. Subsurface or latent physical conditions at the site differing from those indicated; and Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor to properly remove and dispose of the waste. The Contractor shall not disturb the waste. The Contractor shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. In the event that a dispute arises between the County and the Contractor where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the Contractor’s cost of, or the time required for performance of any part of the work, the Contractor shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor A-E shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor A-E believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorA-E’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor A-E to properly remove and dispose of the waste. The Contractor A-E shall not disturb the waste. The Contractor A-E shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor A-E where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorA-E’s cost of, or the time required for performance of any part of the work, the Contractor A-E shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor A-E retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. The Contractor shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. Material that the Contractor believes may be 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; b. Subsurface or latent physical conditions at the site differing from those indicated; and or c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor to properly remove and dispose of the waste. The Contractor shall not disturb the waste. The Contractor shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. In the event that a dispute arises between the County and the Contractor where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the Contractor’s cost of, or the time required for performance of any part of the work, the Contractor shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor A-E shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor A-E believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from From those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorA-E’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor A-E to properly remove and dispose of the waste. The Contractor A-E shall not disturb the waste. The Contractor A-E shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor A-E where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorA-E’s cost of, or the time required for performance of any part of the work, the Contractor A-E shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor A-E retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor A-E shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor A-E believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorA-E’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor A- E to properly remove and dispose of the waste. The Contractor A-E shall not disturb the waste. The Contractor A-E shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor A-E where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorA-E’s cost of, or the time required for performance of any part of the work, the Contractor A-E shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor A-E retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor A-E shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor A-E believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorA-E’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor A- E to properly remove and dispose of the waste. The Contractor A-E shall not disturb the waste. The Contractor A-E shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor A-E where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorA-E’s cost of, or the time required for performance of any part of the work, the Contractor A-E shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor A- E retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. The Contractor CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. Material that the Contractor CONTRACTOR believes may be 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; b. Subsurface or latent physical conditions at the site differing from those indicated; and Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorCONTRACTOR’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor CONTRACTOR to properly remove and dispose of the waste. The Contractor CONTRACTOR shall not disturb the waste. The Contractor CONTRACTOR shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. In the event that a dispute arises between the County and the Contractor CONTRACTOR where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorCONTRACTOR’s cost of, or the time required for performance of any part of the work, the Contractor CONTRACTOR shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor CONTRACTOR retains any and all rights provided either by the Contract Agreement or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor A-E shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor A-E believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the ContractorA-E’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor A- E to properly remove and dispose of the waste. The Contractor A-E shall not disturb the waste. The Contractor A-E shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor A-E where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the ContractorA-E’s cost of, of or the time required for performance of any part of the work, the Contractor A-E shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor A- E retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. The Contractor shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. Material that the Contractor believes may be 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; b. Subsurface or latent physical conditions at the site differing from those indicated; and and c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor to properly remove and dispose of the waste. The Contractor shall not disturb the waste. The Contractor shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. In the event that a dispute arises between the County and the Contractor where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the Contractor’s cost of, or the time required for performance of any part of the work, the Contractor shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. A. The Contractor shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. (1) Material that the Contractor believes may be 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; b. (2) Subsurface or latent physical conditions at the site differing from those indicated; and and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. B. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differDiffer, or do involve a hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification Change Order under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor to properly remove and dispose of the waste. The Contractor shall not disturb the waste. The Contractor shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. C. In the event that a dispute arises between the County and the Contractor where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the Contractor’s cost of, or the time required for performance of any part of the work, the Contractor shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.

DISCOVERED HAZARDOUS WASTE. 1. The Contractor shall promptly, and before the following conditions are disturbed, notify the County in writing of any: a. Material that the Contractor believes may be 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; b. Subsurface or latent physical conditions at the site differing from those indicated; and and c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. 2. The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve a hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the County shall issue a modification under the procedures described in the Contract. If hazardous waste is found, the County will contact its key waste Contractor to properly remove and dispose of the waste. The Contractor shall not disturb the waste. The Contractor shall immediately notify the County if the waste is found leaking, not containerized, or vapors or odors are detected. 3. In the event that a dispute arises between the County and the Contractor Parties where the conditions materially differ, or involve hazardous waste, or a decrease or increase in the Contractor’s cost of, or the time required for performance of any part of the work, the Contractor shall not be excused any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor retains any and all rights provided either by the Contract or by law pertaining to the resolution of disputes and protests between the contracting parties.