Reso 2019-2952 - Laserfiche WebLink

Home Browse Search

6.5.10 The- Contractor shall ensure that City Furnished Materials conform to the Specifications, and determine prior to incorporation into the Work if such materials are patently defective, and whether such materials are identical to the materials ordered and • ;, match.the,:.desoriptierbit!, of:of.,ladi ng If the Contractor..ei,roverskd; fe ct on..� .,_..:... :. conformities in City Furnished Materials upon such visual inspection, the Contractor shall not utilize such non-conforming or defective materials in the Work and instead shall promptly notify the City of the defective or non-conforming condition so that repair or replacement of those materials P terials can occur without any undue delayor interruption to the Project. If the P 1 Contractor fails to perform such inspection and otherwise incorporates into the Work such - defective or non-conforming City Furnished Materials;the condition of which it either knew or should have known by performance of an inspection, the Contractor shall be responsible for all damages to the City resulting from the Contractor's incorporation of such materials into the Project, includingliquidated or delay q damages. 6.5.11 The Contractor shall maintain records of all City Furnished Materials it incorporates into the Work from the stock of City Furnished Materials in its possession. The Contractor shall account monthly to the City for any City Furnished Materials delivered into the Contractor's possession, indicatingportions of all such materials which have been incorporated into the Work. 6.5.12 The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all materials and products as required by the Contract Documents. All repair, maintenance or damage-repair calls shall be forwarded to the Contractor for resolution with the appropriate supplier, vendor, or subcontractor. 6.5.13 Notwithstanding the transfer of City Furnished Materials by the City to the Contractor'sossession p , the City shall retain legal and equitable title to any and all City Furnished Materials. 6.5.14 The transfer of pos session of City Furnished Materials from the City to the contractor shall constitute a bailment for the mutual benefit of the City and the Contractor. The City shall be considered the bailor and the Contractor the bailee of the City Furnished Materials. The City Furnished Materials shall be considered returned to the City for purposes of their bailment at such time as they are incorporated into the Project or Pconsumed in the process of c completing the Project. P 9 1 6.5.15 The Contractor shall purchase and maintain insurance as set forth in Article XIII of this Contract in an amount sufficient to protect against any loss of or damage to the City Furnished Materials. Such insurance shall cover the full value of any City Furnished Materials not yet incorporated into the Project during the period between the time the City first takes title to any of such City Furnished ed Materials- and the time when the last of such City Furnished Materials is incorporated into the Project or consumed in the process of completing the Project. 6.5.16 The City shall in no way be liable for any interruption or delay in the Project, for any defects or other problems with the Project, or for any extra costs resulting from any delay in the delivery of, or defects in, the City Furnished Materials. The Contractor's sole or exclusive remedy shall be an extension of the Contract Time for such reasonable time as determined by the City. 6.5.17 On a monthly basis, the Contractor shall be required to review invoices submitted by all suppliers of City Furnished Materials delivered to the Project sites during that 16