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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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defective Work. The City may correct any defective Work (a) which Contractor does not undertake <br />to correct within seven (7) days following written notice from the City to Contractor of the need <br />for such correction or which Contractor thereafter fails to continue to correct with due diligence, <br />or (b) without notice, in the case of an emergency. In the event the City undertakes to correct - <br />defects in the Work as aforesaid, Contractor shall reimburse the City for all costs and expenses <br />reasonably incurred in connection therewith promptly on demand, supported by reasonable <br />documentation of such costs and expenses. The provisions of this paragraph will apply to Work <br />done or furnished by Contractor or its employees. <br />ARTICLE 26. WARRANTY OF CONSTRUCTION <br />26.1 The Contractor shall warrant that the Work conforms to the Agreement and is free of any <br />patent and/or latent defects of the workmanship from the date of Final Completion in addition to <br />all applicable manufacturer warranties. This warranty shall be in addition to whatever rights the <br />City may have under applicable law. The Contractor's obligation under this warranty shall be <br />at its own cost and expense, to promptly repair or replace (including cost of removal and <br />installation), that item (or part or component thereof] which proves defective or fails to comply <br />with the Agreement within the warranty period such that it complies with the Agreement. <br />26.2 Contractor warrants and represents to the City that the Work performed in connection with <br />the construction of the Improvements shall be done in a timely, good and workmanlike manner <br />and substantially in accordance with the Contract Documents. Contractor covenants and warrants <br />that title to all work, materials and equipment incorporated in the Work will pass to the City free <br />and clear of all liens, claims, security interests or encumbrances. In addition, Contractor will obtain <br />and provide, for the benefit of the City and its assigns, all customary warranties and guarantees in <br />regard to any materials, equipment, furnishings and fixtures incorporated in the Work, said <br />guarantees expressly being covered by the industry standard or better warranty. <br />ARTICLE 27. CHANGES IN WORK <br />No change, modification, addition, deletion or other revision to the Work and/or the Contract <br />Documents in furtherance of the Project shall be valid, binding or effective unless a written change <br />order approved by the City and signed by the City and Contractor shall authorize the same. In the <br />event of any such written change order approved by the City and signed by the City and Contractor, <br />the value of the labor or materials, or both, added or omitted from the Work to be performed in <br />furtherance of the Project shall be computed and determined by Contractor, subject to the written <br />approval and acceptance by the City, and the amount so determined shall be added to or deducted <br />from the Contract amount. Contractor shall have no claim for additional work performed by <br />Contractor unless such work has been done pursuant to a written change order approved by and <br />signed by the City. and Contractor. <br />If, as the result of any valid change order, the applicable changes in the Work may reasonably be <br />expected to delay Contractor in achieving Completion of the Project, the City and Contractor may <br />agree and stipulate in the written change order itself that the Scheduled Substantial and Final <br />Completion Dates will be extended by the appropriate number of days corresponding to the <br />anticipated delay. However, absent any such stipulation in the change order serving to extend the <br />Scheduled Substantial and Final Completion Dates, the Scheduled Substantial and Final <br />030.6178 - AMMUCAN RAMP COMPANY 21 <br />
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