Reso 2017-2682 - Laserfiche WebLink

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aware of faults, defects or non-conforming work that presents a threat to the health, safety or welfare of residents within the City, the Contractor shall take immediate measures to cure the defective work and the 7 (seven) day Cure Period shall not apply. In no event shall the failure of the City to bring to the attention of the Contractor such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-conforming work. ARTICLE 21. WARRANTY OF MATERIALS AND EQUIPMENT 21.1 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and that all of the Services performed will be of good quality, free from faults and defects and in conformance with the Contract Documents. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 21.2 Contractor shall provide to the City all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under applicable law. The Contract Documents may supersede the manufacturer's standard warranty. ARTICLE 22. CHANGES IN THE SERVICES OR TERMS OF CONTRACT DOCUMENTS 22.1 Without invalidating the Agreement and without notice to any Surety, the City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Services as may be considered necessary or desirable to complete fully and acceptably the Project in a satisfactory manner. Any extra or additional Services within the scope of this Project must be issued in writing in accordance with the requirements of this Agreement. 22.2 Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any Services reflecting such change. This Article shall not prohibit the issuance of Change Orders executed only by the City as hereinafter provided. 22.3 Contractor shall increase or decrease the value of the Performance and Payment Bonds to reflect the Contract Amount, as it may be revised. ARTICLE 23. OSHA COMPLIANCE AND SAFETY PRECAUTIONS 23.1 The Contractor warrants that it will comply with all safety precautions as required by federal, state or local laws, rules, regulations and ordinances 23.2 Contractor warrants that it will adhere to the applicable environmental protection guidelines for the duration of the Project. If hazardous waste materials are used, detected or C5800-1617-058—SAFEWARE.INC. Page 14 of 25 3