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Reso 2017-2716
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Reso 2017-2716
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Last modified
11/30/2022 11:38:29 AM
Creation date
1/17/2018 12:25:52 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2716
Date (mm/dd/yyyy)
07/20/2017
Description
Agmt w/American Ramp Co. for Design/Build of Skate Park at Haulover
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ARTICLE 23. PERMITS AND LICENSES ("PERMITS") <br />Except as otherwise provided within the Agreement, all permits and licenses required by <br />federal, state or local laws, rules and regulations necessary for the prosecution of the Work <br />undertaken by Contractor pursuant to this Agreement shall be secured and paid for by Contractor. <br />It .is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, <br />valid for the Work to be performed and valid for the jurisdiction in which the Work is to be <br />performed for all persons working on the Project for whom a Certificate of Competency is <br />required. <br />ARTICLE 24. DEFECTIVE WORK <br />24.1 The City Manager or his designee shall have the authority to reject or disapprove Work <br />which is found to be defective. If defective work is found, Contractor shall promptly either correct <br />all defective work or remove such defective Work and replace it with non -defective Work. <br />Contractor shall bear all direct and indirect costs of such removal or corrections including cost <br />of testing laboratories and personnel. <br />24.2 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 Manager or his designee shall have the authority to <br />cause the defective work to be removed or corrected, or make such repairs as may be necessary at <br />Contractor's expense. Any expense incurred by the City in making such removals, corrections or <br />repairs, shall be paid for out of any monies due or which may become due to Contractor, or may <br />be charged against the Contractor's Payment and Performance Bond. In the event of failure of <br />Contractor to make all necessary repairs promptly and fully, which is not cured in the Cure Period, <br />the City Manager or his designee may declare Contractor in default. <br />24.3 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 Work <br />is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of <br />written notice from the City Manager or his designee shall promptly correct such defective or <br />nonconforming Work within the time specified by the City Manager or his designee without cost to <br />the City. Nothing contained herein shall be construed to establish a period of limitation with <br />respect to any other obligation which Contractor might have under the Contract Documents <br />including but not limited to any claim regarding latent defects. <br />24.4 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 25. CORRECTION OF WORK <br />All Work not conforming to the requirements of the Contract Documents, or which is rejected by <br />any governmental authority, will be considered defective. Contractor shall promptly correct <br />defects in the Work, whether observed before or after final completion of the Project and whether <br />or not fabricated, installed or completed. Contractor shall bear all costs and expenses of correcting <br />030.6179-AMERICAN RAMP COMPANY 20 <br />
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