Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor 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 or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor 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.
Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor 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 or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty- Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement.
d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protest...
Trenches or Excavations. PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION 7104, IN THE EVENT THE WORK INCLUDED IN THIS AGREEMENT REQUIRES EXCAVATIONS MORE THAN FOUR (4) FEET IN DEPTH, THE FOLLOWING SHALL APPLY.
(A) CONTRACTOR SHALL PROMPTLY, AND BEFORE THE FOLLOWING CONDITIONS ARE DISTURBED, NOTIFY CITY, IN WRITING, OF ANY: (1) MATERIAL THAT CONTRACTOR 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 OR LATENT PHYSICAL CONDITIONS AT THE SITE DIFFERENT FROM THOSE INDICATED BY INFORMATION ABOUT THE SITE MADE AVAILABLE TO BIDDERS PRIOR TO THE DEADLINE FOR SUBMITTING BIDS; OR (3) UNKNOWN PHYSICAL CONDITIONS AT THE SITE OF ANY UNUSUAL NATURE, DIFFERENT MATERIALLY FROM THOSE ORDINARILY ENCOUNTERED AND GENERALLY RECOGNIZED AS INHERENT IN WORK OF THE CHARACTER PROVIDED FOR IN THIS AGREEMENT.
(B) CITY SHALL PROMPTLY INVESTIGATE THE CONDITIONS, AND IF IT FINDS THAT THE CONDITIONS DO MATERIALLY SO DIFFER, OR DO INVOLVE HAZARDOUS WASTE, AND CAUSE A DECREASE OR INCREASE IN CONTRACTOR’S COST OF, OR THE TIME REQUIRED FOR, PERFORMANCE OF ANY PART OF THE WORK SHALL ISSUE A CHANGE ORDER PER SECTION 1.8 OF THIS AGREEMENT.
(C) THAT, IN THE EVENT THAT A DISPUTE ARISES BETWEEN CITY AND CONTRACTOR WHETHER THE CONDITIONS MATERIALLY DIFFER, OR INVOLVE HAZARDOUS WASTE, OR CAUSE A DECREASE OR INCREASE IN CONTRACTOR’S COST OF, OR TIME REQUIRED FOR, PERFORMANCE OF ANY PART OF THE WORK, CONTRACTOR SHALL NOT BE EXCUSED FROM ANY SCHEDULED COMPLETION DATE PROVIDED FOR BY THIS AGREEMENT, BUT SHALL PROCEED WITH ALL WORK TO BE PERFORMED UNDER THIS AGREEMENT. CONTRACTOR 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.
Trenches or Excavations
