REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

Wellington Council Meeting April 10, 2012 Page 52 of 384
(whether or not declared and whether or not the United States is a participant)
Federal, State, or Municipal Law, regulation, order license, priority, seizure,
requisition, or allocation, failure to delay of transportation shortage of or inability
to obtain supplies, equipment, fuel or labor, or any other circumstances of a
similar or different nature beyond the reasonable control of the party so failing.
32. WARRANTIES:
Warranty of Title:
The CONTRACTOR warrants to the CITY that it possesses good, clear and
marketable title to all equipment and materials provided hereunder and there are
no pending liens, claims or encumbrances whatsoever against said equipment and
materials.
Warranty of Specifications:
The CONTRACTOR warrants that all equipment, materials and workmanship
furnished, whether furnished by the CONTRACTOR or its sub-contractors and
suppliers, will comply with the specifications, drawings and other descriptions
supplied or adopted and that all services will be performed in a workmanlike
manner.
Warranty of Merchantability:
CONTRACTOR warrants that any and all equipment to be supplied pursuant to the
Agreement is merchantable, free from defects, whether patent or latent in material
or workmanship and fit for the ordinary purposes for which it is intended.
33. CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the
City for payment to a Contractor is limited to the availability of funds
appropriated in current fiscal period, and continuation of the contract into a
subsequent fiscal period is subject to appropriation of funds, unless otherwise
authorized by law.
34. PRESENCE OF ASBESTOS MATERIALS: If in the course of work, the
Contractor encounters any existing materials which he suspects contain
asbestos, the Contractor will stop work in that area immediately and notify the
City.
35. INTENT: It is the intent of the Bid Documents to describe a functionally
complete project in accordance with the Plans and Specifications. Any
Work, materials or equipment that may reasonably be inferred from the Bid
Documents as being required to produce the intended result will be supplied
whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe Work, materials or equipment
BID NO. 2012-008 13