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CITY OF SANTA ANA <br />INSTRUCTIONS TO BIDDERS <br />PROJECT NO.: XX-XXXX <br />PROJECT TITLE <br /> <br />xxiii <br />CHANGED CONDITIONS <br />a. Differing Site Conditions <br />1. During the progress of the work, if subsurface or latent physical conditions are <br />encountered at the site differing materially from those indicated in the contract or if <br />unknown physical conditions of an unusual nature, differing materially from those <br />ordinarily encountered and generally recognized as inherent in the work provided for <br />in the contract, are encountered at the site, the party discovering such conditions shall <br />promptly notify the other party in writing of the specific differing conditions before <br />the site is disturbed and before the affected work is performed. <br />2. Upon written notification, the engineer will investigate the conditions, and if it is <br />determined that the conditions materially differ and cause an increase or decrease in <br />the cost or time required for the performance of any work under the contract, an <br />adjustment, excluding anticipated profits, will be made and the contract modified in <br />writing accordingly. The engineer will notify the contractor of the determination <br />whether or not an adjustment of the contract is warranted. <br />3. No contract adjustment which results in a benefit to the contractor will be allowed <br />unless the contractor has provided the required written notice. <br />4. No contract adjustment will be allowed under this clause for any effects caused on <br />unchanged work. (This provision may be omitted by the Local Agency, at their <br />option.) <br />b. Suspensions of Work Ordered by the Engineer <br />1. If the performance of all or any portion of the work is suspended or delayed by the <br />engineer in writing for an unreasonable period of time (not originally anticipated, <br />customary, or inherent to the construction industry) and the contractor believes that <br />additional compensation and/or contract time is due as a result of such suspension or <br />delay, the contractor shall submit to the engineer in writing a request for adjustment <br />within 7 calendar days of receipt of the notice to resume work. The request shall set <br />forth the reasons and support for such adjustment. <br />2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer <br />agrees that the cost and/or time required for the performance of the contract has <br />increased as a result of such suspension and the suspension was caused by conditions <br />beyond the control of and not the fault of the contractor, its suppliers, or <br />subcontractors at any approved tier, and not caused by weather, the engineer will <br />make an adjustment (excluding profit) and modify the contract in writing accordingly. <br />The contractor will be notified of the engineer's determination whether or not an <br />adjustment of the contract is warranted. <br />3. No contract adjustment will be allowed unless the contractor has submitted the <br />request for adjustment within the time prescribed. <br />505 E Central Ave <br />#B11/6/2024