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1999-09-02_GENERAL DOCUMENTS - C1981016 (3)
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1999-09-02_GENERAL DOCUMENTS - C1981016 (3)
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Last modified
3/22/2021 8:35:50 AM
Creation date
7/23/2008 12:37:39 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981016
IBM Index Class Name
General Documents
Doc Date
9/2/1999
Doc Name
PKA-0-451
Permit Index Doc Type
Reclamation Projects
Media Type
D
Archive
No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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Article 37. DIFFERING SITE CONDITIONS <br />(a) The Contractor shallipromptly, 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 />Contractors 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 />I? <br />Article 38 CHANGES IN THEVORK <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: 11 (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 />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 />Colorado Division of Minerals & Geology GENERAL BID SPECIFICATIONS <br />1996 Page 13
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