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Reso 2011-1727
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Reso 2011-1727
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Last modified
7/2/2015 2:21:32 PM
Creation date
7/13/2011 10:45:21 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1727
Date (mm/dd/yyyy)
06/15/2011
Description
Bid 11-05-01/Agmt w/Namin Construction: Bella Vista Bay Park Impr
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Article 13: Warranties <br />13.1 Warranty of Construction Workmanship and Materials. Contractor's project <br />warranty covering all Work under the Contract Documents shall be provided from the <br />date of Final Completion. Subcontractor and suppliers warranties shall commence from <br />the date equipment was placed in substantial use. Contractor warrants and guarantees to <br />City that all labor furnished to perform the Work under this Agreement will be competent <br />to perform the tasks undertaken and is the best quality obtainable, that the product of such <br />labor will yield only first -class results in strict compliance with this Agreement, that <br />materials and equipment furnished will be of high quality and new unless otherwise <br />permitted by this Agreement, and that the Work will be of high quality, free from faults <br />and defects and in strict conformance with this Agreement and the Contract Documents. <br />Any and all Work not strictly conforming to these requirements shall be considered <br />defective and shall constitute a breach of Contractor's warranty. <br />13.2 Procurement and Review of Warranties. Contractor shall procure from all <br />Subcontractors and Suppliers and shall transmit to the City, on subcontractors' or <br />suppliers' letterhead, all original warranties offered by the suppliers of any materials and <br />equipment and all warranties required by this Agreement. Contractor shall review all <br />such warranties and shall certify to City that the warranties are in strict compliance with <br />the requirements of this Agreement. <br />13.3 Procurement of Operations and Maintenance Documentation. Contractor shall <br />prepare or procure and shall transmit to the City all documentations required by this <br />Agreement and/or requested by the City regarding the operation and recommended <br />maintenance programs relating to the various elements of the Work. <br />Article 14: Change Orders <br />14.1 Changes in the quantity or character of Work or to the contract amount shall be <br />authorized only by change orders approved in advance and issued in accordance with the <br />provisions of the Contract Documents. <br />14.2 All changes to the Work or the construction schedule must be pre- approved in <br />writing by the City Manager or his designee in accordance with the value of the change <br />order or the calculated value of the time extension. All change orders must be pre- approved <br />in writing by the City Manager or his designee. All change orders must be submitted by <br />the Contractor in sufficient detail to allow the City to review. Any cost for Work by third <br />party vendors must be submitted on third party letterhead in sufficient detail to allow for <br />review. Lump sum change orders will not be accepted. <br />14.3 In the event satisfactory adjustment cannot be reached for any item requiring a <br />change in the contract amount, the City reserves the right at its sole option to either <br />terminate the Agreement as it applies to the items in question and make such arrangements <br />as may be deemed necessary to complete the disputed work; or may submit the matter in <br />dispute as set forth in the dispute resolution procedures set forth in the Contract <br />Documents. <br />C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 9 of 15 <br />
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