Common use of Conditions of the Site Clause in Contracts

Conditions of the Site. Except as expressly provided for in this Section 2.5B.1, Contractor further agrees and acknowledges that it has made all investigations and inspections that it deems necessary to perform the Work in accordance with the Key Milestone Schedule, the Guaranteed Substantial Completion Date and the Required Final Completion Date, and understands the climate, terrain and other difficulties that it may encounter in performing the Work in accordance with the Key Milestone Schedule, the Guaranteed Substantial Completion Date and Required Final Completion Date. Contractor warrants that it has the experience, resources, qualifications and capabilities at its disposal to perform the Work in accordance with the Key Milestone Schedule, the Guaranteed Substantial Completion Date and the Required Final Completion Date. Except as expressly provided for in Sections 2.5B.1, 6.2A.5, and 6.2A.6, Contractor assumes all risks related to, and waives any right to claim an adjustment in the Contract Price, the Key Milestone Schedule, the Guaranteed Substantial Completion Date or the Required Final Completion Date in respect of, any failure to timely perform the Work in accordance with the Key Milestone Schedule, the Guaranteed Substantial Completion Date and the Required Final Completion Date as a result of any conditions at the Site or at any other location where the Work is performed (excluding Force Majeure events), including assuming all risk and waiving all rights with respect to: (i) river levels, topography and subsurface conditions; (ii) climatic conditions, tides, and seasons; (iii) availability of laborers, Subcontractors, Sub-subcontractors, equipment or any other items or supplies; (iv) adequate availability and transportation of Equipment; and (v) breakdown or other failure of equipment under the control of or provided by Contractor or its Subcontractors or Sub-subcontractors. 1. The Contract Price included herein is based on the subsurface soil report titled “Geotechnical Data Report, Geotechnical Investigation, Contra Costa Power Plant Unit 8 Project, Contra Costa County, California,” dated May 25, 2001 (“Soil Report”), which is based on a site near the Site. A final geotechnical study will be performed at the Site by, or on behalf of, Contractor (which will include testing of the subsurface under the existing structures at the Site), and a report will be generated from such study by or on behalf of Contractor and based upon Contractor’s specifications (the “Final Geotechnical Report”) prior to Owner’s issuance of the Demolition LNTP. If the subsurface conditions as shown by the Final Geotechnical Report are materially different from the Soil Report, the Contract Price shall be adjusted up or down pursuant to a Change Order to the extent the different subsurface conditions require additional work or reduce work. Contractor’s relief for any material differences between the Soil Report and the Final Geotechnical Report shall be limited to an adjustment in the Contract Price, the Key Milestone Schedule, the Guaranteed Substantial Completion Date and the Required Final Completion Date; provided, however, Contractor shall use best efforts to prevent any extension to the Key Milestone Schedule, Guaranteed Substantial Completion Date and Required Final Completion Date as a result of such differences. The Parties agree that only significant differences in subsurface conditions that would cause a major change in the manner, means or methods of constructing the foundations would require an extension to the Key Milestone Schedule, Guaranteed Substantial Completion Date and Required Final Completion Date, but mere changes in the number or type of piles would not entitle Contractor to such an extension. After the Final Geotechnical Report is issued, and the Contract Price, Key Milestone Schedule, Guaranteed Substantial Completion Date and Required Final Completion Date is adjusted (if and to the extent allowed under this Section 2.5B.1), Contractor shall assume all subsurface risks at the Site, except for unknown underground utilities, manmade subsurface obstructions, rocks that require blasting, sinkholes and archeological finds as further provided for in Section 6.2A.5.