Common use of Trenching or Other Excavations Clause in Contracts

Trenching or Other Excavations. 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: A. CONTRACTOR shall promptly, and before the following conditions are disturbed, provide written notice to OWNER if CONTRACTOR finds any of the following conditions: (1) Material that CONTRACTOR believes may be a 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 which are different from those indicated or expected. (3) 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 CONTRACTOR generally performs. B. In the event that CONTRACTOR notifies OWNER that CONTRACTOR has found any of the conditions specified in subparagraphs (a), (b) or (c) above, OWNER shall promptly investigate the condition(s). If OWNER finds that the conditions are materially different or that a hazardous waste is present at the site which will affect CONTRACTOR's cost of, or the time required for, performance of the Agreement, OWNER shall issue a change order in accordance with the procedures set forth in this Agreement. C. In the event that a dispute arises between OWNER and CONTRACTOR regarding any of the matters specified in Paragraph (2) above, CONTRACTOR shall proceed with all work to be performed under the Agreement and CONTRACTOR shall not be excused from completing the Project as provided in the Agreement. In performing the work pursuant to this Paragraph, CONTRACTOR retains all rights provided by law which pertain to the resolution of disputes and protests between the contracting parties.

Trenching or Other Excavations. 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: A. CONTRACTOR Contractor shall promptly, and before the following conditions are disturbed, provide written notice to OWNER Owner if CONTRACTOR Contractor finds any of the following conditions: (1) Material that CONTRACTOR Contractor believes may be a 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 which are different from those indicated or expected. (3) 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 CONTRACTOR the Contractor generally performs. B. In the event that CONTRACTOR Contractor notifies OWNER Owner that CONTRACTOR Contractor has found any of the conditions specified in subparagraphs (a1), (b2) or (c) 3), above, OWNER Owner shall promptly investigate the condition(s). If OWNER Owner finds that the conditions are materially different or that a hazardous waste is present at the site which will affect CONTRACTORContractor's cost of, or the time required for, performance of this Contract, the Agreement, OWNER Owner shall issue a change order in accordance with the procedures set forth in this AgreementContract. C. In the event that a dispute arises between OWNER Owner and CONTRACTOR Contractor regarding any of the matters specified in Paragraph (2) B), above, CONTRACTOR Contractor shall proceed with all work to be performed under the Agreement Contract and CONTRACTOR Contractor shall not be excused from completing the Project as provided in the Agreementthis Contract. In performing the work pursuant to this Paragraph, CONTRACTOR Contractor retains all rights provided by law which pertain to the resolution of disputes and protests between the contracting parties.

Trenching or Other Excavations. 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: A. CONTRACTOR Contractor shall promptly, and before the following conditions are disturbed, provide written notice to OWNER Owner if CONTRACTOR Contractor finds any of the following conditions: (1) Material that CONTRACTOR Contractor believes may be a 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 which are different from those indicated or expected. (3) 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 CONTRACTOR the Contractor generally performs. B. In the event that CONTRACTOR Contractor notifies OWNER Owner that CONTRACTOR Contractor has found any of the conditions specified in subparagraphs (a1), (b) 2), or (c) 3), above, OWNER Owner shall promptly investigate the condition(s). If OWNER Owner finds that the conditions are materially different or that a hazardous waste is present at the site which will affect CONTRACTORContractor's cost of, or the time required for, performance of the Agreementthis Contract, OWNER Owner shall issue a change order in accordance with the procedures set forth in this AgreementContract. C. In the event that a dispute arises between OWNER Owner and CONTRACTOR Contractor regarding any of the matters specified in Paragraph (2) B), above, CONTRACTOR Contractor shall proceed with all work to be performed under the Agreement Contract and CONTRACTOR Contractor shall not be excused from completing the Project as provided in the Agreementthis Contract. In performing the work pursuant to this Paragraphparagraph, CONTRACTOR Contractor retains all rights provided by law which pertain to the resolution of disputes and protests between the contracting parties.