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25D - ENERGY EFFICIENCY IMPROVEMENTS
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09/08/2009
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25D - ENERGY EFFICIENCY IMPROVEMENTS
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Last modified
1/3/2012 4:16:56 PM
Creation date
9/1/2009 2:52:02 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25D
Date
9/8/2009
Destruction Year
2014
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Section 6. CERTIFICATE OF SUBSTANTIAL COMPLETION, <br />ACCEPTANCE <br />When Contractor believes that all, or an independent, definable phase, of the Scope of <br />Work has been completed in accordance with the terms of this Agreement, Contractor <br />will submit a Certificate of Substantial Completion to the City. If the completed Work <br />substantially conforms to the description of said Scope of Work, the City will sign the <br />Certificate of Substantial Completion and return it to Contractor. If the Work does not <br />substantially conform, then the City Representative shall so notify Contractor within <br />thirty (30) calendar days of receipt of the aforementioned certificate describing such non- <br />conformance with specificity. Upon notification of the discrepancies, the Contractor <br />shall correct the discrepancies to conform with the Scope of Work and resubmit the <br />Certificate of Substantial Completion to the City. To the extent that the Contractor <br />submits a Certificate of Substantial Completion to the City and the City fails to either <br />notify the Contractor of any discrepancies in the Work within such aforementioned thirty <br />(30) calendar day period or fails to execute the Certificate of Substantial Completion, <br />then the Certificate of Substantial Completion will be deemed executed on the first <br />business day following the aforementioned thirty (30) calendar day period. <br />Section 7. AUTHORITY AND AUTHORIZATION <br />City and Contractor each represent, warrant and covenant that each has done all things <br />necessary to preserve and keep this Agreement in full force and effect; all requirements <br />have been met and procedures have been followed to ensure the enforceability of the <br />Agreement and there is not any pending, or to the best of each party's knowledge, <br />threatened, suits or actions, litigation or proceedings against or affecting that party that <br />affects-the validity or enforceability of this Agreement. <br />Section 8. WARRANTY <br />A (i) Contractor expressly warrants that all electronic ballasts provided by <br />Contractor are free from defect and will operate for five years without failure; provided <br />that said equipment is operated according to Contractor and manufacturer specifications. <br />(ii)Contractor expressly warrants that all T 8 Ultra Fluorescent Lights <br />provided by Contractor are free from defects and will operate for three years without <br />failure; provided that said equipment is operated according to Contractor and <br />manufacturer specifications. <br />(iii)Contractor expressly warrants that all air conditioning compressors <br />provided by Contractor are free from defects and will operate for five years without <br />failure; provided said equipment is operated according to Contractor and manufacturer <br />specifications. <br />If any equipment should prove defective during the referenced warranty <br />periods, Contractor will at Contractor's option, repair, replace, or issue a credit to the <br />City for any such item. <br />25D-11 <br />
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