EXCAVATIONS DEEPER THAN FOUR FEET. If the Work involves digging any trenches or other excavations that extend deeper than four feet (4ꞌ) below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any material discovered during such excavation that Contractor believes may be hazardous waste; subsurface or latent physical conditions at the Site differing from those indicated in information made available to Contractor before it submitted its bid for the Work; or 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 Documents. District shall promptly investigate any such conditions identified by Contractor. If District determines that such conditions exist and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of this Contract, then District shall issue a change order in accordance with these General Conditions. In the event a dispute arises between the Parties in regard to whether any such condition actually exists, or causes a decrease or increase in Contractor’s cost of, or time required for, performance of this Contract, Contractor shall not be excused from completing all Work in accordance with the milestones set forth in any construction schedule, but instead shall proceed with all Work to be performed pursuant to the Contract Documents. However, Contractor shall retain all rights in such regard as provided by law or this Contract (e.g., dispute resolution provisions).
EXCAVATIONS DEEPER THAN FOUR FEET. If the work involves digging any trenches or other excavations that extend otify District, in writing, of any material discovered during such excavation that Contractor believes may be hazardous waste; subsurface or latent physical conditions at the Site differing from those indicated in information made available to Contractor before it submitted its bid for the work; or 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 Documents. District shall promptly investigate any such conditions identified by Contractor. If District determines that such conditions exist and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of this Contract, then District shall issue a change order in accordance with these General Conditions. In the event a dispute arises between the Parties in regard to whether any such condition actually exists, or causes a decrease or increase in Contractor’s cost of, or time required for, performance of this Contract, Contractor shall not be excused from completing all work in accordance with the milestones set forth in any construction schedule, but instead shall proceed with all work to be performed pursuant to the Contract Documents. However, Contractor shall retain all rights in such regard as provided by law or this Contract (e.g., dispute resolution provisions).
EXCAVATIONS DEEPER THAN FOUR FEET. If the work involves digging any trenches or other excavations that extend
EXCAVATIONS DEEPER THAN FOUR FEET. 1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the Agency in writing of any of the following conditions:
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 by information made available to Contractor prior to the GMP Amendment.
c. 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
2. Agency shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article
EXCAVATIONS DEEPER THAN FOUR FEET. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Design- Build Entity shall promptly, and before the excavation is further disturbed, notify the District in writing of any of the following conditions:
1. Material that the Design-Build Entity 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.
2. Subsurface or latent physical conditions at the site differing from those indicated.
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 The District shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Design-Build Entity ’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents. In the event that a dispute arises between the District and the Design-Build Entity as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Design-Build Entity’s cost of, or time required for, performance of any part of the Work, the Design-Build Entity 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. Design-Build Entity shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
