Common use of Discovery of Hazardous Waste and/or Unusual Conditions Clause in Contracts

Discovery of Hazardous Waste and/or Unusual Conditions. 12.5.1. Pursuant to Public Contract Code section 7104, if the Work involves digging trenches or other excavations that extend deeper than four feet below the Surface, the Developer shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any: 12.5.1.1. Material that the Developer 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. 12.5.1.2. Subsurface or latent physical conditions at the Site differing from those indicated. 12.5.1.3. Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 12.5.2. The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Developer’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described herein. 12.5.3. In the event that a dispute arises between District and the Developer whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Developer’s cost of, or time required for, performance of any part of the Work, the Developer 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 Developer shall retain any and all rights provided either by Contract or by law that pertain to the resolution of disputes and protests.

Discovery of Hazardous Waste and/or Unusual Conditions. 12.5.1. 11.5.1 Pursuant to Public Contract Code section 7104, if the Work involves digging trenches or other excavations that extend deeper than four feet below the Surface, the Developer shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any: 12.5.1.1. 11.5.1.1 Material that the Developer 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. 12.5.1.2. 11.5.1.2 Subsurface or latent physical conditions at the Site differing from those indicated. 12.5.1.3. 11.5.1.3 Unknown physical conditions at the Project Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the ContractContract Documents. 12.5.2. 11.5.2 The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Developer’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described herein. 12.5.3. 11.5.3 In the event that a dispute arises between District and the Developer whether the conditions materially differ, or involve hazardous waste, differ or cause a decrease or increase in the Developer’s cost of, or time required for, performance of any part of the Work, the Developer shall not be excused from any scheduled completion date provided for by the ContractContract Documents, but shall proceed with all work to be performed under the ContractContract Documents. The Developer shall retain any and all rights provided either by the Contract Documents or by law that pertain to the resolution of disputes and protests.

Discovery of Hazardous Waste and/or Unusual Conditions. 12.5.1. 12.5.1 Pursuant to Public Contract Code section 7104, if the Work involves digging trenches or other excavations that extend deeper than four feet below the Surface, the Developer shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any: 12.5.1.1. 12.5.1.1 Material that the Developer 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. 12.5.1.2. 12.5.1.2 Subsurface or latent physical conditions at the Site differing from those indicated. 12.5.1.3. 12.5.1.3 Unknown physical conditions at the Project Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the ContractContract Documents. 12.5.2. 12.5.2 The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Developer’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described herein. 12.5.3. 12.5.3 In the event that a dispute arises between District and the Developer whether the conditions materially differ, or involve hazardous waste, differ or cause a decrease or increase in the Developer’s cost of, or time required for, performance of any part of the Work, the Developer shall not be excused from any scheduled completion date provided for by the ContractContract Documents, but shall proceed with all work to be performed under the ContractContract Documents. The Developer shall retain any and all rights provided either by the Contract Documents or by law that pertain to the resolution of disputes and protests.