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12-28-2015 Council Packet
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12-28-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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each such variation by specific written notation thereof incorporated in or accompanying the <br />Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from <br />responsibility for complying with the requirements of Paragraph 6.17.C.1. <br />E. Resubmittal Procedures: <br />1. Contractor shall make corrections required by Engineer and shall return the required <br />number of corrected copies of Shop Drawings and submit, as required, new Samples for <br />review and approval. Contractor shall direct specific attention in writing to revisions other <br />than the corrections called for by Engineer on previous submittals. <br />6.18 Continuing the Work <br />A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or <br />disagreements with Owner. No Work shall be delayed or postponed pending resolution of any <br />disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor <br />may otherwise agree in writing. <br />6.19 Contractor's General Warranty and Guarantee <br />A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the <br />Contract Documents and will not be defective. Engineer and its officers, directors, members, <br />partners, employees, agents, consultants, and subcontractors shall be entitled to rely on <br />representation of Contractor's warranty and guarantee. <br />B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: <br />1. abuse, modification, or improper maintenance or operation by persons other than <br />Contractor, Subcontractors, Suppliers, or any other individual or entity for whom <br />Contractor is responsible; or <br />2. normal wear and tear under normal usage. <br />C. Contractor's obligation to perform and complete the Work in accordance with the Contract <br />Documents shall be absolute. None of the following will constitute an acceptance of Work that <br />is not in accordance with the Contract Documents or a release of Contractor's obligation to <br />perform the Work in accordance with the Contract Documents: <br />1. observations by Engineer; <br />2. recommendation by Engineer or payment by Owner of any progress or final payment; <br />3. the issuance of a certificate of Substantial Completion by Engineer or any payment related <br />thereto by Owner; <br />4. use or occupancy of the Work or any part thereof by Owner; <br />5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice <br />of acceptability by Engineer; <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 33 of 62 <br />00 72 05 <br />
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