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2015-025C
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2015-025C
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Last modified
3/29/2017 3:25:42 PM
Creation date
4/26/2016 1:11:32 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2015
Control Number
2015-025C
Agenda Item Number
8.F.
Entity Name
Timothy Rose Construction
Subject
Contract/Specifications Old Dixie Sidewalk Improvements
Part 3
Area
38th Lane to 45th St.
Project Number
0845B
Bid Number
2014032
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Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design, <br />materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties <br />are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect <br />and deliver to the Owner any specific written warranties given by others as required by the Contract <br />Documents. Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty <br />shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or <br />equivalent) The Contractor shall conduct, jointly with the Owner, a warranty inspection nine (9) months after <br />the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed <br />equipment or materials during the guarantee period, the defective parts or materials shall be replaced <br />promptly with new parts or materials by the Contractor, at no expense to the Owner. <br />GC 55 ROYALTIES AND PATENTS. <br />The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall.defend <br />and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and <br />expenses, including attorney fees in connection with any claims or actions based upon infringement of any <br />patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor <br />under the Contract. The Owner shall be responsible for all such loss when a particular process or the product <br />of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the <br />process or article specified is an infringement of a patent, he shall be responsible for such Toss unless he <br />promptly gives such information to the Engineer. <br />GC 56 VERBAL AGREEMENTS. <br />No verbal agreement or conversation with any officer, agent or employee of the Owner either before <br />or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the <br />documents comprising said Contract. All contract amendments or change orders shall be written and <br />executed by both Owner and Contractor. <br />GC 57 MISCELLANEOUS TERMS. <br />GC 57.1 Headings The headings contained in these General Terms and Conditions are <br />provided for convenience only. <br />GC 57.2 Integration This Contract constitutes the entire agreement between Contractor and <br />the Owner and supersedes all prior verbal and written agreements, understandings, negotiations and <br />discussions between the parties hereto. The Invitation to Bid and its terms and conditions are <br />incorporated herein and made a part of this Contract. No verbal agreement or conversation with any <br />officer, agent or employee of the Owner either before or after execution of the Contract shall affect or <br />modify any of the terms or obligations contained in any of the documents comprising said Contract. <br />GC 57.3 Severability The invalidity, illegality or unenforceability of any provision of the <br />Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and <br />the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable <br />provision is not contained herein <br />GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part <br />without the written consent of the Owner, nor shall the Contractor assign any monies due or to <br />become due to him hereunder without the previous written consent of the Owner and its surety <br />Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations <br />GC 57 5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract <br />Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply <br />only to the particular matter concerned, and shall not apply to other similar or dissimilar matters <br />Either party's failure to enforce strict performance of any covenant, term, condition, promise, <br />agreement or undertaking set forth in the Contract shall not be construed as a waiver or <br />relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth <br />herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or <br />undertaking at any time in the future <br />45 <br />
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