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Reso 2010-1620
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Reso 2010-1620
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Last modified
12/22/2011 3:55:37 PM
Creation date
11/4/2010 1:51:38 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1620
Date (mm/dd/yyyy)
10/14/2010
Description
RFP 10-08-01, Agmt w/Southeastern Eng, Central Isle Emer. Outfalls Phase IV
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<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 /> <br />ARTICLE 22. CORRECTION OF WORK <br /> <br />Where the City or its designee becomes aware of faults, defects or non-conformity in any of the <br />Work provided under this Agreement or with the Work being performed by the Contractor, the <br />City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall <br />the failure of the City or its designce to bring to the attention of the Contractor of such faults act <br />as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- <br />conforming Work. <br /> <br />ARTICLE 23. WARRANTY OF MATERIALS AND EOUIPMENT <br /> <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 or its <br />designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials <br />and equipment. This warranty is not limited by any other provisions within the Contract <br />Documents. <br /> <br />23.2 Contractor shall provide to the City or its designee all manufacturers' warranties. All <br />warranties, expressed and/or implied, shall be given to the City for all material and equipment <br />covered by this Agreement. All material and equipment furnished shall be fully guaranteed by <br />the 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 />The Contract Documents may supersede the manufacturer's standard warranty, <br /> <br />ARTICLE 24. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS <br /> <br />24.1 Without invalidating the Agreemcnt 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 Agrecment. <br /> <br />24.2 Any changes to the terms of the Contract Documents must bc contained in a written <br />document, executed by the parties hereto, with the same formality and of equal dignity prior to <br />the initiation of any Work reflecting such change. This Article shall not prohibit the issuance of <br />Change Orders executed only by the City or its designee as hereinafter provided. <br /> <br />24.3 Contractor shall increase or decrease the value of the Performance and Paymcnt Bonds <br />to reflect the Contract Amount, as it may be revised. <br /> <br />33 <br />
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