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<br />RSLCROP 2025 Form CONTRACT
<br /> Page 5
<br />PUBLIC WORKS TEMPLATE FOR INFORMAL BIDDING ($100K) 12-04-25
<br />REV: 12-15-25 MI
<br />Contractor encounters materials on the Project site that Contractor reasonably believes to
<br />be asbestos or other hazardous materials, and the asbestos or other hazardous materials
<br />have not been rendered harmless, Contractor may continue Work in unaffected areas
<br />reasonably believed to be safe, but must immediately cease Work on the area affected and
<br />report the condition to City. No asbestos, asbestos-containing products or other hazardous
<br />materials may be used in performance of the Work.
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<br />15.4 Utilities, Trenching and Excavation. Pursuant to Government Code § 4215, which is
<br />incorporated by reference herein, if, during the performance of the Work, Contractor
<br />discovers utility facilities not identified by City in the Contract documents, Contractor must
<br />immediately provide written notice to City and the utility. In performing any excavations or
<br />trenching work, Contractor must comply with all applicable operator requirements in
<br />Government Code sections 4216 through 4216.5. If the trenching or excavation extends
<br />deeper than four feet below the surface, the Contractor shall promptly, and before the
<br />following conditions are disturbed, notify the City, in writing, of any: (1) material that the
<br />Contractor believes may be material that is hazardous waste, as defined in Section 25117
<br />of the Health and Safety Code, that is required to be removed to a Class I, Class II, or
<br />Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent
<br />physical conditions at the site differing from those indicated by information about the site
<br />made available to bidders prior to the deadline for submitting bids; (3) unknown physical
<br />conditions at the site of any unusual nature, different materially from those ordinarily
<br />encountered and generally recognized as inherent in work of the character provided for in
<br />the contract. The City shall promptly investigate the conditions, and if it finds that the
<br />conditions do materially so differ, or do involve hazardous waste, and cause a decrease or
<br />increase in the Contractor's cost of, or the time required for, performance of any part of the
<br />work shall issue a change order under the procedures described in the contract. In the
<br />event that a dispute arises between the City and the Contractor whether the conditions
<br />materially differ, or involve hazardous waste, or cause a decrease or increase in the
<br />Contractor's cost of, or time required for, performance of any part of the work, the
<br />Contractor shall not be excused from any scheduled completion date provided for by the
<br />contract, but shall proceed with all work to be performed under the contract. The Contractor
<br />shall retain any and all rights provided either by contract or by law which pertain to the
<br />resolution of disputes and protests between the contracting parties..
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<br />16. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate
<br />set of as-built drawings while the Work is being performed, showing changes from the Work as
<br />planned in Exhibit A, or any drawings incorporated into this Contract. The as-built drawings must
<br />be updated as changes occur, on a daily basis if necessary, and must be submitted upon
<br />completion of the Work as a condition to City acceptance of the Project.
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<br />17. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
<br />maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance
<br />or policy or in violation of any California law, including pursuant to Government Code § 1090 et
<br />seq. and pursuant to the Political Reform Act as set forth in Government Code § 81000 et seq. and
<br />its accompanying regulations. Any violation of this Section constitutes a material breach of the
<br />Contract.
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<br />18. Non-Discrimination. No discrimination will be made in the employment of persons under this
<br />Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation
<br />of such person.
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<br />19. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
<br />this Contract as an independent contractor. Contractor is solely responsible for its means and
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