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b. Pre-existing unknown physical conditions at the site, of an unusual nature, <br /> differing materially from those ordinarily encountered and generally recognized <br /> as inhering in work of the character provided for in this Contract. <br /> B. Investigation of the Conditions <br /> 1. Upon written request, the City's Representative shall determine whether the actual <br /> conditions encountered by the Contractor conditions are materially different and, if <br /> so, are the cause of a material increase or decrease in the Contractor's cost of <br /> performance of the Work, or extend the duration of the critical path of the schedule. <br /> Upon such determination, the City's Representative will make an adjustment of <br /> Contract Sum or Contract Time, as appropriate. Extensions of Contract Time will be <br /> evaluated in accordance with 5.2.C. Extensions of Contract Time. <br /> 2. The City's Representative's determination that differing site conditions do not exist <br /> and/or the appropriate adjustment in Contract Sum or Contract Time (if any) shall be <br /> final. If there is a decrease in the cost or time required to perform the Work, failure <br /> of the Contractor to notify the City's Representative of the differing site condition shall <br /> not affect the City's right to make an adjustment in the Contract Sum or Contract Time. <br /> Additionally, no Contract Claim or adjustment of Contract Sum or Contract Time shall <br /> be allowed unless the Contractor has followed the procedures provided for in this <br /> Contract, including, but not limited to, furnishing timely Notice of the event and its <br /> effect on Contract Time and Contract Sum as required herein. <br /> C. Non-Entitlement <br /> 1. Contractor shall in no event be entitled to a Contract Claim or adjustment of Contract <br /> Sum or Contract Time based on an allegation that the pre-existing subsurface or latent <br /> physical conditions at the site differing materially from those indicated in this Contract <br /> unless Contractor establishes that it reasonably relied on the conditions indicated in <br /> this Contract when making its bid, that the actual conditions encountered on the site <br /> differed materially from those indicated in this Contract, and that such materially- <br /> different conditions were not foreseeable at the time of its bid. <br /> ARTICLE 12 CONTRACT CLAIMS <br /> 12.1 General <br /> A. If the Contractor requests or believes for any reason that it is entitled to an adjustment of <br /> Contract Sum or Time, , or if the Contractor has a Dispute with the Owner and wants the <br /> Owner to take some action, or refrain from taking action, the Contractor shall file a <br /> Contract Claim as provided in this section. A timely and complete Contract Claim is a <br /> condition precedent to any entitlement by the Contractor to an adjustment of Contract <br /> Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given <br /> Notice as required by Article 10. NOTICE TO OWNER and/or ARTICLE 11. DIFFERING SITE <br /> CONDITIONS and otherwise fully complies with the requirements of this ARTICLE 12. <br /> CONTRACT CLAIMS. The Contractor waives any Contract Claim if: (a) Notice was not timely <br /> given in accordance with the requirements of Article 10. NOTICE TO OWNER and/or <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 62 <br />