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after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing
<br />by the City of any defect in the Work or non-conformance of the Work to the Contract, commence
<br />and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole
<br />cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.
<br />In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work
<br />(or work of other contractors) damaged by its defective Work or which becomes damaged in the
<br />course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation
<br />hereunder to correct defective Work shall be reinstated for an additional one year period,
<br />commencing with the date of acceptance of such corrected Work. Contractor shall perform such
<br />tests -as the City may require to verify that any corrective actions, including, without limitation,
<br />redesign, repairs, and replacements comply with the requirements of the Contract. All costs
<br />associated with such corrective actions and testing, including the removal, replacement, and
<br />reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of
<br />the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with
<br />respect to any portion of the Work, whether express or implied, are deemed to be obtained by
<br />Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees
<br />have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce
<br />such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
<br />to perform its obligations under this Section, or under any other warranty or guaranty under this
<br />Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace
<br />any defective or non -conforming Work and any work damaged by such work or the replacement or
<br />correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the
<br />City for any expenses incurred hereunder upon demand.
<br />3.21 Laws and Regulations. Contractor shall keep itself fully informed of and in
<br />compliance with all local, state and federal laws, rules and regulations in any manner affecting the
<br />performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all
<br />notices required by law. Contractor shall be liable for all violations of such laws and regulations in
<br />connection with Work. If the Contractor observes that the drawings or specifications are at variance
<br />with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes
<br />shall be made by written change order. If the Contractor performs any work knowing it to be
<br />contrary to such laws, rules and regulations and without giving written notice to the City, the
<br />Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend,
<br />indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
<br />pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of
<br />any failure or alleged failure to comply with such laws, rules or regulations.
<br />3.22 Permits and Licenses. Contractor shall be responsible for securing, at its own
<br />expense, and paying for all permits and licenses necessary to perform the Work described herein.
<br />3.23 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work
<br />governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
<br />Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705.
<br />To this end, Contractor shall submit for City's review and approval a detailed plan showing the
<br />11 (BB&K: revised July 2, 2001)
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