Agmt16 Bay Area Paving Co., Inc.

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storing excess material and equipment at an approved storage yard off the City streets. No construction material shall be stored over the weekend unless approved by the City. Reflectors and/or barricades shall be required for all equipment and material left on the street overnight. At the end of the working week, all loose material, parts, and debris must be cleaned up and discarded. 1.1.1. Quality Control, Warranty and Inspection The Contractor shall allow site access to City staff at all times. City staff will have the authority to check quality and acceptability of the work, work performance, evaluate claims/change order requests, and other construction issues that may arise in the future. Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing all tasks in accordance with the City's guidelines. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and the City's Engineering Standard requirements. Contractor warrants that all work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship. Contractor warrants that all work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Drawings and Specifications and all descriptions set forth therein. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. The presence or absence of an inspector during performance of the Work shall not relieve the Contractor of any obligation to fulfill the Contract. It shall be the duty of the Contractor to see that all provisions are complied with in detail, irrespective of the inspection given the Work during its progress by the City or representatives of the City. Page 9 of 13 REV: 10-19-16 RL ATTY/AGR.2016.300/Bay Area Paving Co., Inc.