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Article 37. DIFFERING SRE CONDITIONS (a) The Contractor shall promptly, and before such conditions are disturbed, notify the Principle _ Representative of: (t) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Princrple Representative shall promptly investigate the condttions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractors cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result or such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly. (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (a) above; provided, however, the time prescribed therefor may be extended by the State. (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. Article 38 CHANGES IN THE WORK The Principle Representative, without invalidating the Contract, may order extra work, or make any other reasonably related changes by altering adding to or deducting from the work; the contract price and time for completion of the work will be adjusted accordingly by written change order. All such work shall be executed under the condtions of the original contract except that any claim for extension of time caused by changes authorized in the change order shall be included in the written change order. The Principle Rep2sentative shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purpose of the work, but otherwise, except in an emergency endangering life or property, no extra work or change in the Contract Documents shall be made unless by a written change order, approved by the Principal Representative. No claim for any change to the Contract sum shall be valid unless so ordered. The value of any extra work or change shall be determined in one or more the following ways: (a) By estimate and acceptance in a lump sum; (b) By unit prices named in the Contract or subsequently agreed upon; (c) By actual cost plus a fixed fee, or percentage, the latter agreed upon prior to starting the extra or changed work. Changed work shall be adjusted and considered separately for the work either added or omitted. The amount of adjustment for work omitted shall be estimated at the time it is authorized, and the agreed adjustment will be deducted from the subsequent monthly progress payments. Article 39 CWMS FOR EXTRA COST If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this Contract, he shall give the Principle Representative written Notice thereof within a reasonable time after the receipt of such instructions. In any event, before proceeding to execute the work, except in emergency endangering I'rfe or property, the procedure shall be as provided for under Article 38, CHANGES IN THE WORK. No such claim shall be valid unless so made. Colorado Division of Minerals ~ Geology GENERAL BID SPECIFICATIONS 7996 Page 13