3B Public Hearing 2008 0915 - Laserfiche WebLink

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5.11 Health and Safety. All Work shall be performed in accordance with all health and safety standards required by applicable law and insurance requirements. 5.12 Construction Site Security. City is not responsible for providing security to the Site to ensure against loss. 5.13 Correction ofNon-Conforming Work. Prior to the Acceptance Date, Siemens shall complete, repair, replace, restore, re-perform, rebuild and correct promptly any Work that does not conform with prepared plans and specifications, do not meet the defined Standard of Care, standard construction practice, or regulatory requirements in place as of the Effective Date. Siemens shall complete any such correction at its sole cost and expense with no right to additional compensation from the City. 5.14 Achievement of Acceptance Standards. Siemens shall have completed any required Acceptance Tests and such tests shall have demonstrated that the applicable Work has met the applicable Acceptance Test Procedures and Standards as defined in the Exhibit A or that may be required by the manufacturer, PG&E or regulatory agency having oversight of the Work. 5.15 Electricity Usage. Siemens shall demonstrate in meeting the Acceptance Test Procedures and Standards that electricity production of the Work is within the limits set forth in the Scope of Work. 5.16 Record Docarnents. Prior to Acceptance, Siemens shall have delivered to the City a final and complete reproducible set of records in both hard copy and AutoCAD format. 5.17 Equipment Warranties and Manuals. Prior to Acceptance, Siemens shall be in possession of, and shall have delivered to the City, copies of the warranties of machinery, equipment, fixtures and vehicles constituting a part of such Work, together with copies of the Consolidated Operation and Maintenance Manual for the Work, including all related operating manuals provided by equipment suppliers. Upon transfer of title pursuant to Section 5.9 above, Siemens agrees to assign to the City, without recourse, any and all assignable warranties available from any manufacturer or supplier of Equipment. The Parties shall cooperate in all efforts to file Warranty claims. 5.18 Emergencies. In the event of an emergency affecting the safety or protections of person or the Work or property at the Site, both Parties shall act to protect the Work and the Site; provided, however, that neither party shall hold the other liable for its good faith efforts during an emergency. As soon as practicable thereafter, each Party shall have an obligation to provide written notice to the other, if absent at the time, of any emergency that occurred at the Site. If Siemens believes an emergency has had an adverse impact on the Scope of Work and/or the Project Schedule, Siemens shall give the City prompt written notice of such development. If the City agrees, the Parties shall execute a change order or work directive to document the impact of the emergency on the Work or the Project Schedule. 5.19 Contract Bonds. WPCP Cogeneration 090808 -Page 13 of 60