AgdaPkt 2005-03-14 - Laserfiche WebLink

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� . �. �--�g 3 of Division 3.6 of Title 1 of the Government Code, as modified by the Charter of the City/Agency of Redwood City/Agency. Section 25. NOTIFICATION OF HAZARDOUS WASTE AND OTHER DIFFERING SITE CONDITIONS: A. CM/GC shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1) Material that the CM/GC believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2) SubsurFace of latent physical conditions at the site differing from those indicated. 3) Unknown physical conditions at the site of any usual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. B. Upon receipt of notice from CM/GC, City/Agency shall promptly investigate the conditions, and it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. C. In the event that a dispute arises between the public entity and the contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CM/GC's cost of, or time required for, performance of any part of the work, the CM/GC shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. CM/GC shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Section 26. NOTICES: Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed to: CM/GC: DPR Construction, Inc. 1450 Veterans Boulevard Redwood City, CA 94404 Attn: City: City Manager Atty/Agr/2005.003 030805/L.Beck/607588v7 Page 17 of 30 _ __,. _ ..