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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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21.3 If, within one (1) year after the date of Substantial Completion or such longer period of <br />time as may be prescribed by the terms of any applicable special warranty required by the <br />Contract Documents, or by any specific provision(s) of the Contract Documents, any of the <br />Construction Work is found to be defective or not in accordance with the Contract Documents, <br />Contractor, after receipt of written notice from the City shall promptly correct such defective or <br />nonconforming Work within the time specified by the City without cost to the City. Nothing <br />contained herein shall be construed to establish a period of limitation with respect to any other <br />obligation which Contractor might have under the Contract Documents including but not limited <br />to any claim regarding latent defects. <br />21.4 Failure to reject any defective work or material shall not in any way prevent later <br />rejection when such defect is discovered, or obligate the City to final acceptance. <br />ARTICLE 22. CORRECTION OF WORK <br />Where the City becomes aware of faults, defects or non - conformity in any of the Work provided <br />under this Agreement or with the Work being performed by the Contractor, the City shall issue <br />a Notice to Cure to the Contractor for correction. In no event shall the failure of the City to bring <br />to the attention of the Contractor such faults act as a waiver or release the Contractor from <br />responsibility or liability for such fault, defect or non - conforming Work. <br />ARTICLE 23. WARRANTY OF MATERIALS AND EQUIPMENT <br />23.1 Contractor warrants to the City that all materials and equipment furnished under this <br />Agreement will be new unless otherwise specified and that all of the Work will be of good <br />quality, free from faults and defects and in conformance with the Contract Documents. All <br />equipment and materials not conforming to these requirements, including substitutions not <br />properly approved and authorized, may be considered defective. If required by City, Contractor <br />shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This <br />warranty is not limited by any other provisions within the Contract Documents. <br />23.2 Contractor shall provide to the City all manufacturers' warranties. All warranties, <br />expressed and/or implied, shall be given to the City for all material and equipment covered by <br />this Agreement. All material and equipment furnished shall be fully guaranteed by the <br />Contractor against factory defects and workmanship. At no expense to the City, the <br />Contractor shall correct any and all apparent and latent defects that are required by Florida law. <br />I he Contract Documents may supersede the manufacturer's standard warranty. <br />ARTICLE 24. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS <br />24.1 Without invalidating the Agreement and without notice to any Surety, the City reserves <br />and shall have the right, from time to time to make such increases, decreases or other changes <br />in the character or quantity of the Work as may be considered necessary or desirable to complete <br />fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional <br />work within the scope of this Project must be issued in writing in accordance with the <br />requirements of this Agreement. <br />15 <br />
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