(4) Subcontracts - Seller or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section,
16.Recycled Products
The Contractor agrees to provide a preference for those products and services that conserve
natural resources, protect the environment, and are energy efficient by complying with and facilitating
compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§6962, and U.S, Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for
Products Containing Recovered Materials,” 40 C,F.R, part 247.
17.Dispute Resolution
The parties shall attempt to resolve any dispute related to this Contract as follows. Either party shall provide
to the other party, in writing and with full documentation to verify and substantiate its decision, its stated
position concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid
under this provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute through
good faith efforts and negotiation, Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the parties are
unable to resolve their dispute as described above within 30 days, the parties’ reserve the right to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this Contract.
Should either party to the Contract suffer injury or damage to person or property because of any act or
omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim
for damages therefore shall be made in writing to such other party as soon as practicable after the first
observance of such injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law.
18.DOL EEO Clause for Construction Projects
Per 41C.F.R, Chapter 60, which implement Executive Order 11246, “Equal Employment Opportunity,”
September 24, 1965, as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” October 13, 1967.
DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:
(1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR
EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR
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