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Reso 2014-2210
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Reso 2014-2210
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Last modified
7/20/2015 11:16:51 AM
Creation date
4/3/2014 10:48:00 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2210
Date (mm/dd/yyyy)
03/20/2014
Description
Agmt w/Lynx ConstructionMgmt to Construct Wall Under Lehman Cswy, Awd RFP 13-10-02
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20.3 All instructions to the Contractor shall be issued in writing. All instructions to the <br />Contractor shall be issued through the City. <br />20.4 The City shall have access to the Project Site during normal work hours, unless access <br />is required by the City due to health, safety or welfare of the City or the public. The Contractor <br />shall provide safe facilities for such access so the City may perform their functions under the <br />Agreement. The City will make periodic visits to the Work Site to become generally familiar with <br />the progress and quality of the Work, and to determine if the Work is proceeding in accordance with <br />the Contract Documents. <br />20.5 The City will not be responsible for construction means, methods, techniques, sequences <br />or procedures, or for safety precautions and programs in connection with the Work, and will <br />not be responsible for the Contractor's failure to carry out the Work in accordance with the <br />Agreement. <br />20.6 The City will have authority to reject Work that does not conform to the Contract <br />Documents requirements. Whenever it is considered necessary or advisable to ensure the <br />proper implementation of the Contract Documents, the City will have authority to require <br />special inspections or testing of the Work, whether or not such Work is fabricated, installed or <br />completed. Neither the City's authority to act under this Article, nor any decision made by the <br />City in good faith either to exercise or not to exercise such authority, shall give rise to any duty <br />or responsibility of the City to the Contractor, any Sub - Contractor, supplier or any of their agents, <br />employees, or any other person performing any of the Work. <br />20.7 The City will not be responsible for the acts or omissions of the Contractor, or anyone <br />employed or contracted directly or indirectly by the Contractor including any Sub - Contractor, or <br />any of their agents or employees, or any other persons performing any of the Work. <br />ARTICLE 21. DEFECTIVE WORK <br />21.1 The City shall have the authority to reject or disapprove Work which is found to be <br />defective. If defective work is found, Contractor shall promptly either correct all defective work <br />or remove such defective Work and replace it with non - defective Work. Contractor shall bear all <br />direct and indirect costs of such removal or corrections including cost of testing laboratories <br />and personnel. <br />21.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any <br />necessary repairs in accordance with the requirements of the Contract Documents within the <br />time indicated in writing by the City, the City shall have the authority to cause the defective work <br />to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. <br />Any expense incurred by the City in making such removals, corrections or repairs, shall be paid <br />for out of any monies due or which may become due to Contractor, or may be charged against <br />the Payment and Performance Bond. In the event of failure of Contractor to make all necessary <br />repairs promptly and fully, which is not cured in the Cure Period, the City may declare Contractor in <br />default. <br />14 <br />
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