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<br />3 of Division 3.6 of Title 1 of the Government Code, as modified by the Charter of the <br />City/Agency of Redwood City/Agency. <br /> <br />Section 25. NOTIFICATION OF HAZARDOUS WASTE AND OTHER DIFFERING SITE <br />CONDITIONS: <br />A. CM/GC shall promptly, and before the following conditions are disturbed, notify the <br />public entity, in writing, of any: <br />1) Material that the CM/GC believes may be material that is hazardous waste, as <br />defined in Section 25117 of the Health and Safety Code that is required to be removed to a <br />Class I, Class II, or Class III disposal site in accordance with provisions of existing law. <br />2) Subsurface of latent physical conditions at the site differing from those indicated. <br />3) Unknown physical conditions at the site of any usual nature, different materially <br />from those ordinarily encountered and generally recognized as inherent in work of the character <br />provided for in the contract. <br />B. Upon receipt of notice from CM/GC, City/Agency shall promptly investigate the <br />conditions, and it finds that the conditions do materially so differ, or do involve hazardous waste, <br />and cause a decrease or increase in the contractor's cost of, or the time required for, <br />performance of any part of the work shall issue a change order under the procedures described <br />in the contract. <br />C. In the event that a dispute arises between the public entity and the contractor whether <br />the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in <br /> <br />the CM/GC's cost of, or time required for, performance of any part of the work, the CM/GC shall <br />not be excused from any scheduled completion date provided for by the contract, but shall <br />proceed with all work to be performed under the contract. CM/GC shall retain any and all rights <br />provided either by contract or by law which pertain to the resolution of disputes and protests <br />between the contracting parties. <br /> <br />Section 26. NOTICES: Written notices required or convenient hereunder shall be delivered <br />personally or by depositing the same with the United States Postal Service, first class (or <br />equivalent) postage prepaid and addressed to: <br /> <br />CM/GC: <br /> <br />DPR Construction, Inc. <br />1450 Veterans Boulevard <br />Redwood City, CA 94404 <br />Attn: <br /> <br />City: City Manager <br /> <br />Atty/Agr/2005.003 <br />030805/L. Beck/50? 588v? <br /> <br />Page 1? of 30 <br /> <br />-"T <br />