Common use of SUBSURFACE HAZARDOUS MATERIALS Clause in Contracts

SUBSURFACE HAZARDOUS MATERIALS. A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any: 1. Material that the CONTRACTOR 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 the 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 the Work or the character provided for in the CONTRACT. B. Upon receipt of said notification the CITY will 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 CONTRACTOR’s cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions. C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

SUBSURFACE HAZARDOUS MATERIALS. A. In Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.; 2. Subsurface or latent physical conditions at the site differing from those indicated.indicated in the Project specifications; 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 Project or the character provided for in the CONTRACT. B. Upon receipt of said notification the CITY will 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 CONTRACTOR’s 's cost of or the time required for performance of any part of the workProject, the CITY will issue a change order under the procedures described in the General Conditions. C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s 's cost of or time required for performance of any part of the workProject, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AgreementAGREEMENT, but shall proceed with all work to be performed under the AgreementAGREEMENT. The CONTRACTOR shall retain any and all rights provided either by Agreement AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

SUBSURFACE HAZARDOUS MATERIALS. A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code Code, that is required to be removed to a Class I, Class II or Class III Ill disposal site in accordance with the 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 the Work or the character provided for in the CONTRACT. B. Upon receipt of said notification the CITY will 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 CONTRACTOR’s 's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions. C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s 's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which that pertain to the resolution of disputes and protests between the contracting parties.

SUBSURFACE HAZARDOUS MATERIALS. A. a. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY City in writing of any: 1. i. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.; 2ii. Subsurface or latent physical conditions at the site differing from those indicated.; or 3iii. Unknown physical conditions at the Project site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACTAgreement. B. b. Upon receipt of said notification the CITY notification, City will 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 CONTRACTOR’s cost of or the time required for performance of any part of the workWork, the CITY City will issue a change order under the procedures described in the General ConditionsSpecifications. C. c. In the event that a dispute arises between the CITY City and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the workWork, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work Work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

SUBSURFACE HAZARDOUS MATERIALS. A. a. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY City in writing of any: 1. i. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law. 2ii. Subsurface or latent physical conditions at the site differing from those indicated. 3iii. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACTAgreement. B. b. Upon receipt of said notification the CITY notification, City will 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 CONTRACTOR’s cost of or the time required for performance of any part of the work, the CITY City will issue a change order under the procedures described in the General ConditionsSpecifications. C. c. In the event that a dispute arises between the CITY City and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.