Excavations or Trenches Deeper than Four Feet. If the Project involves digging trenches or other excavations that extend deeper than four feet, the following provisions shall be a part of this Contract: 1) The Contractor shall promptly, and before the following conditions are disturbed, provide written notice to the District if the Contractor finds any of the following conditions: (a) Material that the Contractor believes may be a hazardous waste, as defined in §25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. (b) Subsurface or latent physical conditions at the site which are different from those indicated or expected. (c) Unknown physical conditions at the site of any unusual nature or which are materially different from those ordinarily encountered and generally recognized as inherent in work which the Contractor generally performs. 2) In the event that the Contractor notifies the District that Contractor has found any of the conditions specified in subparagraphs (a), (b) or (c), above, the District shall promptly investigate the condition(s). If the District finds that the conditions are materially different or that a hazardous waste is present at the site which will affect the Contractor's cost of, or the time required for, performance of the Contract, the District shall issue a change order in accordance with the procedures set forth in this Contract. 3) In the event that a dispute arises between the District and the Contractor regarding any of the matters specified in Paragraph (2), above, the Contractor shall proceed with all work to be performed under the Contract and the Contractor shall not be excused from completing the Project as provided in the Contract. In performing the work pursuant to this Paragraph, the Contractor retains all rights provided by Article 50 which pertains to the resolution of disputes between the contracting parties.
Appears in 14 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Excavations or Trenches Deeper than Four Feet. If the Project involves digging trenches or other excavations that extend deeper than four feet, the following provisions shall be a part of this Contract:
1) The Contractor shall promptly, and before the following conditions are disturbed, provide written notice to the District if the Contractor finds any of the following conditions:
(a) Material that the Contractor believes may be a hazardous waste, as defined in §section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
(b) Subsurface or latent physical conditions at the site which are different from those indicated or expected.
(c) Unknown physical conditions at the site of any unusual nature or which are materially different from those ordinarily encountered and generally recognized as inherent in work which the Contractor generally performs.
2) In the event that the Contractor notifies the District that Contractor has found any of the conditions specified in subparagraphs (a), (b) or (c), above, the District shall promptly investigate the condition(s). If the District finds that the conditions are materially different or that a hazardous waste is present at the site which will affect the Contractor's cost of, or the time required for, performance of the Contract, the District shall issue a change order in accordance with the procedures set forth in this Contract.
3) In the event that a dispute arises between the District and the Contractor regarding any of the matters specified in Paragraph (2), above, the Contractor shall proceed with all work to be performed under the Contract and the Contractor shall not be excused from completing the Project as provided in the Contract. In performing the work pursuant to this Paragraph, the Contractor retains all rights provided by Article 50 which pertains to the resolution of disputes between the contracting parties.
Appears in 4 contracts
Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement
Excavations or Trenches Deeper than Four Feet. If the Project involves digging trenches or other excavations that extend deeper than four feet, the following provisions shall be a part of this Contract:
1) 56.1.1 The Contractor shall promptly, and before the following conditions are disturbed, provide written notice to the District if the Contractor finds any of the following conditions:
(a) Material that the Contractor believes may be a hazardous waste, as defined in §Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site Site in accordance with the provisions of existing law.
(b) Subsurface or latent physical conditions at the site Site which are different from those indicated or expected.
(c) Unknown physical conditions at the site Site of any unusual nature or which are materially different from those ordinarily encountered and generally recognized as inherent in work which the Contractor generally performs.
2) 56.1.2 In the event that the Contractor notifies the District that Contractor has found any of the conditions specified in subparagraphs (aArticle 56.1.1(a), (b) or (c), above, the District shall promptly investigate the condition(s). If the District finds that the conditions are materially different or that a hazardous waste is present at the site Site which will affect the Contractor's ’s cost of, or the time Contract Time required for, performance of the Contract, the District shall issue a change order in accordance with the procedures set forth in this Contract.
3) 56.1.3 In the event that a dispute Dispute arises between the District and the Contractor regarding any of the matters specified in Paragraph (2)Article 56.1.1, above, the Contractor shall proceed with all work to be performed under the Contract and the Contractor shall not be excused from completing the Project as provided in the Contract. In performing the work pursuant to this Paragraph, the Contractor retains all rights provided by Article 50 80 which pertains pertain to the resolution of disputes Disputes between the contracting partiesParties.
Appears in 3 contracts
Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement
Excavations or Trenches Deeper than Four Feet. If the Project involves digging trenches or other excavations that extend deeper than four feet, the following provisions shall be a part of this Contract:
1) The Contractor shall promptly, and before the following conditions are disturbed, provide written notice to the District if the Contractor finds any of the following conditions:
(a) Material that the Contractor believes may be a hazardous waste, as defined in §25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
(b) Subsurface or latent physical conditions at the site which are different from those indicated or expected.
(c) Unknown physical conditions at the site of any unusual nature or which are materially different from those ordinarily encountered and generally recognized as inherent in work which the Contractor generally performs.
2) In the event that the Contractor notifies the District that Contractor has found any of the conditions specified in subparagraphs (a), (b) or (c), above, the District shall promptly investigate the condition(s). If the District finds that the conditions are materially different or that a hazardous waste is present at the site which will affect the Contractor's cost of, or the time required for, performance of the Contract, the District shall issue a change order in accordance with the procedures set forth in this Contract.
3) In the event that a dispute arises between the District and the Contractor regarding any of the matters specified in Paragraph (2), above, the Contractor shall proceed with all work to be performed under the Contract and the Contractor shall not be excused from completing the Project as provided in the Contract. In performing the work pursuant to this Paragraph, the Contractor retains all rights provided by Article 50 40 which pertains to the resolution of disputes between the contracting parties.
Appears in 3 contracts
Samples: Construction Contract, Contract, Construction Contract
Excavations or Trenches Deeper than Four Feet. If the Project involves digging trenches or other excavations that extend deeper than four feet, the following provisions shall be a part of this Contract:
1) The Contractor shall promptly, and before the following conditions are disturbed, provide written notice to the District MVCS if the Contractor finds any of the following conditions:
(a) Material that the Contractor believes may be a hazardous waste, as defined in §25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
(b) Subsurface or latent physical conditions at the site which are different from those indicated or expected.
(c) Unknown physical conditions at the site of any unusual nature or which are materially different from those ordinarily encountered and generally recognized as inherent in work which the Contractor generally performs.
2) In the event that the Contractor notifies the District MVCS that Contractor has found any of the conditions specified in subparagraphs (a), (b) or (c), above, the District MVCS shall promptly investigate the condition(s). If the District MVCS finds that the conditions are materially different or that a hazardous waste is present at the site which will affect the Contractor's cost of, or the time required for, performance of the Contract, the District MVCS shall issue a change order in accordance with the procedures set forth in this Contract.
3) In the event that a dispute arises between the District MVCS and the Contractor regarding any of the matters specified in Paragraph (2), above, the Contractor shall proceed with all work to be performed under the Contract and the Contractor shall not be excused from completing the Project as provided in the Contract. In performing the work pursuant to this Paragraph, the Contractor retains all rights provided by Article 50 40 which pertains to the resolution of disputes between the contracting parties.
Appears in 1 contract
Samples: Construction Contract