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Reso 2012-1834
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Reso 2012-1834
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Last modified
4/9/2012 4:20:03 PM
Creation date
2/1/2012 10:02:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1834
Date (mm/dd/yyyy)
01/19/2012
Description
RFP 11-11-03/Agmt w/Tenex: Collins Ave (West Side) Sidewalk Pavers
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<br />22.3 If, within one (I) year after the date of Substantial Completion or such longer <br />period of time as may be prescribed by the terms of any applicable special warranty <br />required by the Contract Documents, or by any specific provision(s) of the Contract <br />Documents, any of the Constmction Work is found to be defective or not in accordance with <br />the Contract Documents, Contractor, after receipt of written notice from the City or its <br />designee, shall promptly correct such defective or nonconfornling Construction Work within <br />the time specified by the City without cost to the City. Nothing contained herein shall be <br />construed to establish a period of limitation with respect to any other obligation which <br />Contractor might have under the Contract Documents including but not limited to any <br />claim regarding latent defects. <br /> <br />22.4 Failure to reject any defective work or material shall not in any way prevent <br />later rejection when such defect is discovered, or obligate the City to final acceptance. <br /> <br />ARTICLE 23. CORRECTION OF WORK <br /> <br />Where the City or its designee becomes aware of faults, defects or non-conformity in <br />any of the Work provided under this Agreement or with the Work being performed by <br />the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for <br />correction. In no event shall the failure of the City or its designee to bring to the attention <br />of the Contractor of such faults act as a waiver or release the Contractor from <br />responsibility or liability for such fault, defect or non-confornling Work. <br /> <br />ARTICLE 24. WARRANTY OF MATERIALS AND EQUIPMENT <br /> <br />24.1 Contractor warrants to the City that all materials and equipment furnished <br />under this Agreement will be new unless otherwise specified and that all of the Work <br />will be of good quality, free from faults and defects and in conformance with the <br />Contract Documents. All equipment and materials not conforming to these <br />requirements, including substitutions not properly approved and authorized, may be <br />considered defective. If required by City or its designee, Contractor shall furnish <br />satisfactory evidence as to the kind and quality of materials and equipment. This warranty <br />is not limited by any other provisions within the Contract Documents. <br /> <br />24.2 Contractor shall provide to the City or its designee all manufacturers' warranties. <br />All warranties, expressed and/or implied, shall be given to the City for all material and <br />equipment covered by this Agreement. All material and equipment furnished shall be <br />fully guaranteed by the Contractor against factory defects and workmanship. At no <br />expense to the City, the Contractor shall correct any and all apparent and latent defects <br />that are required by Florida law. The Contract Documents may supersede the <br />manufacturer's standard warranty. <br /> <br />CONSTRUCTION SERVICE CONTRACT NO. CI I 12-011 <br /> <br />Page 1601'28 <br /> <br />~ ~ ~J <br />;) I t~) <br />
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