Res 1984-049 - Laserfiche WebLink

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(I) The contractor is responsible for the professionål quality, tech~ical accuracy, timely c~npletion and the coordination of all designs, drawings, specifications, reports and other services furnished by the contractor under this subagreement. If the subagreement i nvo 1 ves environmental measurements or data generation, the contractor shall comply with EPA quality assurance requirements in 40 CF~ 30.503. The contractor shall, without additional compensaton. correct or revise any errors, omissions or other deficiencies in his designs, drawings, specifications, reports and other services. (2) The contractor shall perform the professional services necessary to accomplish the work required to be performed under this subagreement in accordance with this subagreement and applicable EPA requirements in effect on the date of execution of the assistance agreement for this project. (3) The owner's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the contractor of responsibility for the technical adequacy of his work. Neither the owner's ~or EPA's review, a~proval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this agreement or of any cause for action arising out of the performance of this subagreement. (4) This contractor shall be, and shall remain liable in accordance with applicable law for all damages to the owner or EPA caused by the contractor's negligent performance of any of the services furnish.ed under this subagreement, except for errors", omissions or other deficiencies to the extent attributable to the owner, owner-furnished data or any third party. The contractor shall not be responsible for any time delays in the project caused by circumstances beyond the contractor's control. (5) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this subagreement or State law and in no way diminish any other rights that the ow~er may have against the contractor for faulty materials, equipment or work. (b) The fol1ewing clause applies only to subagreements for construction. (1) The cont,actor agree> to perform all work under this sub~greement in accordance with this agreement.'s designs, drawings and specifications. (2) The contractor guarantees for a period of at least one (1) year from the date of substantial compleUon of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he snall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resuiting from such defects. The owner shall pro¡nptly give no1:ice to the contractor of observed defects. In the event that the contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the owner may do so and charge the contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. (3) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this subagreement or State law and in no way diminish any other rishts that the owner may have against the contractor for faulty materials, equipment or work. 14. FINAL PAYMENT Upon satisfactory completion of the work performed under this subagreement, as a condition before final payment under this subagreement or as a termination settlement under this subagreement the contractor shall execute and deliver to the owner a release of all claims against the owner arising under, or by virtue of, this subagreement, except claims which are specifically e~empted by the contractor to be set forth therein. Unless otherwise provided in this subagreement by State law or otherwise expressly agreed to by the parties of this subagreement, final payment under this subagreement or settlement upon termination of this subagreement shall not constitute a waiver of the owner's c¡aims against the contractor or his sureties under this subagreement or applicable performance and payment bonds.