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2009-043-RES-Asbestos Abatement
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2009-043-RES-Asbestos Abatement
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Last modified
8/21/2012 12:34:33 PM
Creation date
5/26/2009 3:43:30 PM
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CITY CLERK
Doc Name
2009-043-RES
Doc Type
Resolution
CITY CLERK - Date
4/27/2009
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Brady Environmental Services, Inc. <br />Contractor's acceptance of final payment shall constitute a waiver by the <br />contractor relating to the contractor's work or to the work under the prime <br />contract, but shall in no way relieve the contractor of liability for the <br />obligations for replacing defective work appearing after ftnal payment, <br />and/or damages created as a result of contractor's activities. <br />3.7.2 The contractor and its subcontractors are subject to all existing federal <br />and/or state minimum wage laws. <br />ARTICLE IV - OWNER'S INTEREST <br />4.1 - TITLE The title to all work completed, all work in the course of performance, and <br />all materials furnished by the contractor and covered by payment from the owner <br />irrespective of location thereof shall be at City of Paris, but the ownership thereof shall <br />not absolve the contractor from liability for loss or damage to the owner, nor from other <br />duty or responsibility for same as provided in these specifications. <br />4.2 - RECORDS AND AUDIT Contractor's and subcontractor's books, records, <br />correspondence, accounting procedures and practices and any other supporting evidence <br />relating to this contract (all the foregoing hereinafter referred to as "Records") shall be <br />open to examination and subject to audit and/or reproduction, during normal working <br />hours, by the owner or its authorized representative to the extent necessary to adequately <br />permit evaluation and verification of any invoices, payments or claims based on <br />contractor's or subcontractor's actual costs (including direct and indirect costs and <br />overhead allocations) incurred, or units expended, directly in the performance of work <br />under this contract to determine compliance to terms and conditions of the contract, or <br />ascertain any facts relative to any claim against contractor which may become a charge <br />against the owner. For this purpose of evaluating or verifying such actual or claimed <br />costs or units expended, the owner or its authorized representative shall have access to <br />said records from the effective date of this contract, for the duration of the work and until <br />two (2) years after the date of final payment by the owner to contractor pursuant to this <br />contract. <br />ARTICLE V - WARRANTYAND GUARANTEE <br />5.1 The contractor shall warrant and guarantee all work against defects in materials <br />and equipment and shall guarantee all workmanship for one (1) year from the date <br />of owner's final acceptance, use or occupancy. <br />5.2 Upon discovery of any defects, owner shall provide contractor with written <br />notice. Contractor shall immediately remedy and/or replace any defects or <br />damaged property that occurred during the warranty and guarantee period. <br />5.3 Contractor shall be responsible for securing warranties from subcontractors. The <br />contractor shall insure that warranties are addressed to owner and shall deliver <br />copies to consultant upon completion of the work. <br />15of17 <br />
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