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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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City Meetings
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City Council
Meeting Doc Type
Minutes
Date
11/8/2004
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<br />j' <br /> <br />.1 represents that the Contractor has personally investigated the proposed substitute <br />product and determined that it is equal or superior in all respects to that specified; <br />.2 represents that the Contractor will provide the same warranty for the substitution that <br />the Contractor would for that specified; <br />.3 certified that the cost data presented is complete and includes all related costs under <br />this Contract except the Architect's redesign costs, and waives all claims for <br />additional costs related to the substitution which subsequently become apparent; and <br />.4 will coordinate the installation of the accepted substitute, making such changes as <br />may be required for the Work to be complete in all respects. <br /> <br />Add the following Subparagraph 3.4.4. to Paragraph 3.4 <br /> <br />3.4.4 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the <br />Architect to evaluate the Contractor's proposed substitutions and to make agreed-upon <br />changes in the Drawings and Specifications made necessary by the Owner's acceptance of <br />such substitutions. <br /> <br />3.5 WARRANTY <br /> <br />Add Subparagraphs 3.5.2 and 3.5.3 asfollows: <br /> <br />3.5.2 In the event of failure of a specified product, either during construction or the <br />warranty period, the Contractor shall take appropriate measures with the manufacturer ofthe <br />product to assure correction or replacement of the defective products. <br /> <br />3.5.3 All warranty requests will be handled in a manner consistent with the nature and <br />severity of the request, i.e. an emergency request as defined by the potential to harm, <br />endanger, damage or destroy property will be responded to immediately. <br /> <br />3.6 TAXES <br /> <br />Add Subparagraphs 3.6.2 and 3.6.3 asfollows: <br /> <br />3.6.2 The Owner qualifies for exemption from state and local sales and use taxes pursuant <br />to the provisions of the Texas Limited Sales, Excise and use Tax Act (Taxation - General, <br />Article 20.04, Vemons Texas Civil Statues). The Contractor shall claim exemption from <br />payment of applicable State taxes by complying with such procedures as may be prescribed <br />by the Sate Comptroller of Public Accounts. <br /> <br />3.6.3 The Contractor will complete the certificate of exemption from the Texas Limited <br />Sales, Excise and Use Tax in the amount of that portion of his bid which is charged for <br />materials and tangible work covered by the Contract, and in an amount not less than the <br />actual cost of such materials to the Contractor. <br /> <br />6 <br />
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