3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other
data, interpretations, opinions, or information.
C. Potential for Hazardous Materials:
Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-
containing or other hazardous materials. Should the CONTRACTOR, while performing work under this
Contract, uncover hazardous materials, as defined in federal, state and local regulations, he/she shall immediately
notify the Engineer. No further disturbance of the area shall occur until the Engineer has collected and analyzed
a representative sample of the suspected material. The area shall be cordoned off and covered with 6-mil
polyethylene sheeting and await further directions from the Engineer.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site
that is uncovered or revealed either:
1. Is of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as
provided in paragraph 4.02 is materially inaccurate; or
2. Is of such a nature as to require a change in the Contract Documents; or
3. Differs materially from that shown or indicated in the Contract Documents; or
4.Is of an unusual nature, and differs materially from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided for in the Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connection therewith (except in an emergency as required by
paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall
not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until
receipt of written order to do so.
B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will
promptly review the pertinent condition, determine the necessity of OWNER’s obtaining additional exploration
or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’S
findings and conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical condition causes an increase or decrease in
CONTRACTOR’s cost of, or time required for, performance of the Work: subject, however, to the following:
a. Such condition must meet any one or more of the categories described in paragraph 4.03.A; and
b. With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be
subject to the provisions of paragraphs 9.08 and 11.03.
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