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. ls 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. ls 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.
2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract; or
b. The existence of such condition could reasonably have been discovered or revealed as a result of any
examination, investigation, exploration, test, or study of the Site and Contiguous areas required by the Bidding
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