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Contractor shall be complete and shall be carefully checked by the professional(s) identified by
<br /> Contractor as project manager and key personnel attached hereto, prior to submission to the City.
<br /> Contractor agrees that City review is discretionary, and Contractor shall not assume that the City
<br /> will discover errors and/or omissions. If the City discovers any errors or omissions prior to
<br /> approving Contractor's reports, files and other written documents,the reports,files, or documents
<br /> will be returned to Contractor for correction. Should the City or others discover errors or omissions
<br /> in the reports, files or other written documents submitted by the Contractor after City approval
<br /> thereof,City approval of Contractor's reports,files or documents shall not be used as a defense by
<br /> Contractor in any action between the City and Contractor, and the reports, files or documents will
<br /> be returned to Contractor for correction.
<br /> 27. EQUAL EMPLOYMENT OPPORTUNITY:Contractor shall comply with U.S.Executive Order 11246
<br /> entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as
<br /> supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of
<br /> California regulations as may now exist or be amended in the future. The Contractor shall not
<br /> discriminate against any employee or applicant for employment on the basis of race,color,national
<br /> origin, ancestry,religion, sex,marital status,political affiliation or physical or mental condition.
<br /> Regarding handicapped persons, the Contractor will not discriminate against any employee or
<br /> applicant for employment because of physical or mental handicap in regard to any position for
<br /> which the employee or applicant for employment is qualified. The Contractor agrees to provide
<br /> equal opportunity to handicapped persons in employment or in advancement in employment or
<br /> otherwise treat qualified handicapped individuals without discrimination based upon their physical
<br /> or mental handicaps in all employment practices such as the following: employment, upgrading,
<br /> promotions,transfers,recruitments,advertising,layoffs,terminations,rate of pay or other forms of
<br /> compensation, and selection for training, including apprenticeship. The Contractor agrees to
<br /> comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973,as amended,
<br /> pertaining to prohibition of discrimination against qualified handicapped persons in all programs
<br /> and/or activities as detailed in regulations signed by the Secretary of the Department of Health and
<br /> Human Services effective June 3, 1977,and found in the Federal Register,Volume 42,No.68 dated
<br /> May 4, 1977,as may now exist or be amended in the future.
<br /> Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of
<br /> Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
<br /> the future,
<br /> 28. EQUIPMENT MAINTENANCE SERVICE:Cleaning, inspecting,replacing all worn parts,lubricating,
<br /> testing, and adjusting will be provided as required to maintain the equipment in satisfactory
<br /> operating condition.The Contractor inspections will be completed during City work hours and will
<br /> be coordinated with the agency/department having control of the equipment. Emergency service
<br /> required and performed during normal business hours is included at no extra charge.The Contractor
<br /> shall list any parts that are not considered part of this equipment maintenance price agreement.
<br /> 29. GRATUITIES: Contractor warrants that no gratuities, in the form of entertainment, gifts or
<br /> otherwise,were offered or given by the Contractor or any agent or representative of the Contractor
<br /> to any officer or employee of the City with a view toward securing the Contract or securing
<br /> favorable treatment with respect to any determinations concerning the performance of the Contract.
<br /> For breach or violation of this warranty, the City shall have the right to terminate the Contract,
<br /> either in whole or in part, and any loss or damage sustained by the City in procuring on the open
<br /> market any goods or services which the Contractor agreed to supply shall be borne and paid for by
<br /> the Contractor. The rights and remedies of the City provided in the clause shall not be exclusive
<br /> and are in addition to any other rights and remedies provided by law or under the Contract,
<br /> 30. HAZARDOUS CONDITIONS: Whenever the Contractor's operations create a condition hazardous to
<br /> traffic or to the public,the Contractor shall provide flagmen and furnish,erect and maintain control
<br /> devices as are necessary to prevent accidents or damage or injury to the public at Contractor's
<br /> expense and without cost to the City. The Contractor shall comply with City directives regarding
<br /> potential hazards.Emergency lights and traffic cones must also be readily available at all times and
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