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11/04(2002 08:30 8139731382 HAROLD MCDONALD PAGE 04 ARTICLE 12. - GUARANTEES AND WARRANTIES: The Contractor shall guarantee to correct any work that.fails to conform to the contract documents and shall correct such defects due to faulty materials, equipment, or workmanship which appear during the progress of the work or within a periOd of one year from the date of final inspection and acceptance or such longer periods of time as may be specified by law or by terms of any special guarantees required by the contract documents. The provisions of this Article apply to work done by subcontractors as well as work: done by the Contractor. Furthermore, the Cunlractor shall furnish the Owner, in care of the Community Development Division, with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. ARTICLE 13, . TERMINATION OF CONTRACT BY THE OWNER: If the Contractor defaults or neglects to carry out the work in accordance with the contract documents or faUf::! to perform any provisions of the contract, the Community Development Division or the Owner acting through the Community Development Division may, after seven (7) days' written notice, terminate this contract and finish the work by whatever method he deems expedient. If the unpaid balance of the contract sum exceeds the expense of finishing the work, such excess shall be paid to the Contractor; but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner or the Community Development Division. ARTICLE 14. - TERMINA nON OF CONTRACT BY THE CONTRACTOR: If the Owner fails to perform any applicable provisions of the contract, the Contractor may, upon seven (7) days' written notice to the Owner and the Community Development Division, terminate the contract, and recover from the Owner payment for all work satisfactorily completed and all other such remedies as are otherwise specified by law. ARTICLE 15, - GENERAL CONDITIONS: 15.1 15.2 15.3 15.4 15.5 15.6 15.7 ino.tIo9120Sf11(4) The Work Write-Up shall take precedence over the basic specification and, when in conflict, the material, equipment, or workmanship called for in the ''Work Write-Up" will be required. The Drawinas of floor plans are diagrammatic only, illustrating the general intention of the Owner; they do not show all the work required, exact dimensions, or construction details. Soecifications and Standards are detailed in a separato booklet available to the Owner and the Contractor from the Community Development Division. Workmanship shall be done in accordance with the standards of the several trades known as a "workmanlike manner." Mcderials shall be new, in good condition, and of standard grade unless otherwise agreed in writing before their delivery to the job. Repairs shall be made by the Contractor to all surlaces damaged by the Contractor resulting from his or his subcontractor's work under this contract at no additional cost to the o.wnef. Where "IHpClir or wtisling work" i5 called for by the contract, the feature is to be placed in "equal to new condition" either by patching or replacement; all damaged, loose, or rotted parts shall be removed and replaced, and the finished work shall match adjacent work in design and dimension. Bids or ProDosals will be submitted at Bidder's risk and the Owner or the Community Development Division reserves the right to reject any or all bids or proposals. -4-