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4 <br /> Article 37. DIFFERING SITE CONDITIONS <br /> (a) The Contractor shall promptly,and before such conditions are disturbed, notify the Principle <br /> _ Representative of: <br /> (1) subsurface or latent physical conditions at the site differing materially from those <br /> indicated in the Contract, or <br /> (2) unknown physical conditions at the site, of an unusual nature, differing materially <br /> from those ordinarily encountered and generally recognized as inherent in work of <br /> the character provided for in this Contract. <br /> The Principle Representative shall promptly investigate the conditions, and if he finds that <br /> such conditions do materially so differ and cause an increase or decrease in the <br /> Contractor's cost of,or the time required for, performance of any part of the work under this <br /> Contract, whether or not changed as a result or such conditions, an equitable adjustment <br /> shall be made and the Contract modified in writing accordingly. <br /> (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has <br /> given the notice required in(a)above; provided, however,the time prescribed therefor may <br /> be extended by the State. <br /> (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if <br /> asserted after final payment under this Contract. <br /> Article 38 CHANGES IN THE WORK <br /> The Principle Representative, without invalidating the Contract, may order extra work, or make any other <br /> reasonably related changes by altering adding to or deducting from the work;the contract price and time for . <br /> completion of the work will be adjusted accordingly by written change order. <br /> All such work shall be executed under the conditions of the original contract except that any claim for <br /> extension of time caused by changes authorized in the change order shall be included in the written change <br /> order. <br /> The Principle Representative shall have authority to make minor changes in the work, not involving extra <br /> cost,and not inconsistent with the purpose of the work, but otherwise,except in an emergency endangering <br /> life or property, no extra work or change in the Contract Documents shall be made unless by a written <br /> change order,approved by the Principal Representative. No claim for any change to the Contract sum shall <br /> be valid unless so ordered. <br /> The value of any extra work or change shall be determined in one or more the following ways: <br /> i <br /> (a) By estimate and acceptance in a lump sum; <br /> (b) By unit prices named in the Contract or subsequently agreed upon; <br /> (c) By actual cost plus a fixed fee, or percentage, the latter agreed upon prior to starting the <br /> extra or changed work. - <br /> Changed work shall be adjusted and considered separately for the work either added or omitted. The <br /> amount of adjustment for work omitted shall be estimated at the time it is authorized, and the agreed , <br /> adjustment will be deducted from the subsequent monthly progress payments. <br /> Article 39 CLAIMS FOR EXTRA COST <br /> i <br /> If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this <br /> Contract, he shall give the Principle Representative written Notice thereof within a reasonable time after the <br /> receipt of such instructions. In any event, before proceeding to execute the work, except in emergency <br /> endangering life or property, the procedure shall be as provided for under Article 38, CHANGES IN THE <br /> WORK. No such claim shall be valid unless so made. <br /> i <br /> I <br /> Colorado Division of Minerals&Geology GENERAL BID SPECIFICATIONS <br /> 1996 Page 13 <br />