07/15/2004 Env Bd Packet - Laserfiche WebLink

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9 i STS Changed Conditions Clause DIFFERING SITE CONDITIONS The following is a suggested standard clause for unanticipated subsurface conditions: The owner had a subsurface exploration and testing program performed by a geotechnical consultant. The results of this program are contained in the consultant's report. The consultant's report presents conclusions on the subsurface conditions based on their interpretation of the data obtained in the exploration. The contractor acknowledges that they have reviewed the consultant's report and any addenda thereto, and that their bid for earthwork operations is based on the subsurface conditions, as described in that report. The contract parties recognize that a subsurface exploration does not disclose all conditions as they actually exist and further, conditions may change, particularly groundwater conditions, between the time of subsurface exploration and the time of subsurface construction operations. In recognition of these facts, this clause is made part of the contract and provides a means of equitable additional compensation to the contractor if adverse unanticipated conditions are encountered and found to be materially different than reasonably expected as represented in the contract documents. If at any time during earthwork, paving, foundation, and underground construction operations, the contractor encounters conditions that they consider to be materially different than those anticipated by the geotechnical consultant's report, contractor shall promptly and before such conditions are disturbed notify the owner's representative in writing of the condition and shall explain: (1) how subsurface or latent physical conditions at the site differ materially from those indicated in the contract, or, (2) what unknown physical conditions were encountered that are of an unusual nature and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The owner's representative will promptly initiate an investigation of the alleged differing site conditions. The contractor will provide access to the conditions and fully cooperate with the investigation. Upon completion, the owner's representative will issue a . findings report with a recommendation on merit. Conversely, if owner's representative observes subsurface conditions which are different than those anticipated by the foundation consultant's report, he will also promptly notify the contractor. If a differing site condition claim has been found to have merit, negotiations will commence between the owner and the contractor to arrive at an equitable change in contract price for the necessary additional dwork or for reduction in work because of the unanticipated conditions. The contractor agrees that unit prices listed in the bid are applicable in computing equitable adjustments for additional or reduced work under the contract. For changed conditions for which unit prices are not listed, the additional work will be paid for on a time and material basis.