Reso 2008-1231 - Laserfiche WebLink

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work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.12. SAFETY AND PROTECTION: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with this Agreement. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1.12.1. All employees and other persons who may be affected thereby; 1.12.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and 1.12.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 1.13. PAYMENT TO CONTRACTOR: The Contractor will submit to the City a payment request filled out and signed by the Contractor covering the work performed and supported by such data as the City may reasonably require. 1.13.1. The City shall have the right to demand and receive from the Contractor, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the work. Likewise, as a condition to receiving any progress payment, the City may require the Contractor to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the progress payment is due, releasing such lien rights those persons, firms or corporations may have for that period. 1.13.2. The Contractor warrants and guarantees that title to all work, materials and equipment covered by an application for payment, whether incorporated into the work or not, will have passed to the City prior to the making of the application for payment, free and clear of all liens, claims, securit y interest and encumbrances (hereinafter referred to as "Liens"); and that no work, materials or equipment covered by an application for payment will have been acquired by the Contractor or by any other person performing the work or furnishing materials and equipment for the work, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 1.13.3. The acceptance by the Contractor of final payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the work and for every act and neglect of the City and others relating to or arising out of this work. Page 6 of II