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REV: 02-18-2022 RL <br />18. Defective Work; Warranties. Contractor warrants that all services shall <br />be performed in accordance with generally accepted professional standards <br />of good and sound construction practices. Contractor warrants that all <br />materials and equipment shall be new, of suitable grade of their respective <br />kinds for their intended uses, and free from defects. Contractor hereby grants <br />to City for a period of one year following the date of completion its <br />unconditional warranty of the quality and adequacy of all of the services <br />including, without limitation, all labor, materials and equipment provided by <br />Contractor. If either prior to completion of the services, or within one year after <br />completion, any services (completed or incomplete) is found to violate any of <br />the foregoing warranties and result in defective work (“Defective Work”), <br />Contractor shall promptly, without cost to City and in accordance with City’s <br />written instructions, correct, remove and replace the Defective Work with <br />conforming work, and correct, remove and replace any damage to other work <br />or other property resulting therefrom. If Contractor fails to do so, Contractor <br />shall pay all of the City’s resulting claims, costs, losses and damages. Where <br />Contractor fails to correct Defective Work, or defects are discovered outside <br />the correction period, City shall have all rights and remedies granted by law. <br />6. All other provisions of the Agreement will remain in full force and effect. <br />7. All requisite insurance policies to be maintained by Contractor pursuant to <br />the Agreement will include coverage for this Amendment No. 2. <br />8. The individuals executing this Amendment No. 2 and the instruments <br />referenced in it on behalf of Contractor each represent and warrant that they have the <br />legal power, right and actual authority to bind Contractor to the terms and conditions of <br />this Amendment No. 2. <br />9. If all Parties agree, electronic signatures may be used in place of original <br />signatures on this Amendment No. 2. Each Party intends to be bound by the signatures <br />on the electronic document, is aware that the other Parties will rely on the electronic <br />signatures, and hereby waives any defenses to the enforcement of the terms of this <br />Amendment No. 2 based on the use of an electronic signature. After all Parties agree to <br />the use of electronic signatures, all Parties must sign the document electronically. <br />[The remainder of this page left intentionally blank] <br />ATTY/AGR.2022-Amend No. 2/Bay Area Paving Co., Inc. (Page 2 of 9)