Resolution 2010-75 - Laserfiche WebLink

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all claims for materials, supplies or parts provided or labor performed have been paid or set aside in full. No waiver of any breach of this Agreement by City or anyone acting on their behalf shall be held as a waiver of any other subsequent breach thereof. Any remedies provided herein shall be cumulative. 16. Guarantee of Work. Contractor agrees to guarantee all Work under this Agreement for a period of ten (10) years from the date of final acceptance by the City. If any unsatisfactory condition or damage develops within the time of this guarantee due to materials or workmanship that are defective, inferior, or not in accordance with the Agreement, as reasonably determined by City, then Contractor shall, at Contractor's expense and when notified by City, immediately place such guaranteed Work in a condition satisfactory to City. The City shall have all available remedies to enforce such guarantee, except that City shall not have any work performed independently to fulfill such guarantee and require Contractor to pay City such sums as were expended by the City for such work, unless the City has first given notice to Contractor of the deficiency and given Contractor a reasonable opportunity to cure the same. In addition to the foregoing general guarantee of the Work by Contractor, system components shall carry the minimum warranties set forth in Exhibit A. 17. Timing of Change Orders. The City shall use reasonable efforts to grant or deny change orders requested by Contractor in as timely a manner as the City schedule permits. The Project Manager, pursuant to the City's purchasing policies, shall be authorized to approve any single change order which does not exceed $2,500 or which does not affect or decreases the price of the Work. The Project Manager, with the written concurrence of Director of Public Works, shall be authorized to approve any single change order which does not exceed $5,000. All other change orders which increase the price of the Work shall be, approved or denied in writing by the City only after formal action has been conducted in accordance with City Purchasing Policies. Contractor shall provide all supporting documentation for any requested change order prior to City action thereon. No change orders for adjustment of the price of the Work shall be requested or approved on the basis of site conditions or other existing conditions, as further set forth in Section 9.b. 18. No Assignment. This Agreement and any rights and obligations hereunder, including but not limited to rights to moneys due or that may become due, shall not be assigned by Contractor without the prior written approval of the City. 19. Governing Law. This Agreement shall be deemed entered into in Boulder County, Colorado, and shall be governed by the laws of the State of Colorado. The parties agree to the jurisdiction and venue of the courts of Boulder County in connection with any dispute arising out of or in any matter connected with this Agreement. 20: Equal Opportunity Employer. a. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disabilityy or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, . disability, or national origin. Such action shall include but not e 1 ited to 9