2002 AGN MAR 26 I09 - Laserfiche WebLink

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3.9 APPRENTICEABLE CRAFTS - When CONTRACTOR employs workmen in an apprenticeable craft or trade, CONTRACTOR shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with CONTRACTOR. 3.10 TRENCHING WORK - If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, CONTRACTOR shall comply with all applicable provisions of the California Labor Code. including Section 6705. To this end, CONTRACTOR shall submit for CITY's review and approval 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. 3.11 HAZARDOUS MATERIALS AND DIFFERING CONDITIONS - As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and prior to disturbance of any conditions, notify CITY of: (1) any material discovered in excavation that CONTRACTOR believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site, (2) subsurface or latent physical conditions at the site differing from those indicated by CITY; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, CITY shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, CONTRACTOR shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.12 CLAIMS OF $375.000 OR LESS - Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seg. 3.13 ANTI-TRUST CLAIMS - This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, CONTRACTOR hereby offers and agrees to assign to CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time CITY tenders final payment to CONTRACTOR, without further acknowledgment PARTIES. 5