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Reso 2026-4001
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Reso 2026-4001
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Last modified
4/1/2026 9:00:08 AM
Creation date
3/30/2026 5:03:27 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4001
Date (mm/dd/yyyy)
03/19/2026
Description
Approving Agreement w/ SHIFF Construction & Development, Inc., for Gateway Pedestrian Bridge Elevator Enclosures Project.
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6.7 Contractor Responsible for Delays <br />6.7.1. Liquidated damages shall constitute the Owner's sole and exclusive remedy for any <br />delay in achieving Substantial Completion or Final Completion. The City shall not be entitled to <br />recover additional damages for delay beyond the liquidated damages provided herein. <br />6.8 City's Right to Occupy <br />6.8.1. The City reserves the right to occupy any part of the Project when same is <br />Substantially Complete. It is expressly agreed, however, that partial occupancy of any part of the <br />Project does not activate any warranty obligations of the Contractor and any warranties which <br />contain time limitations shall commence on the date of Final Completion unless otherwise <br />expressly specified in the Contract,Documents. <br />ARTICLE VII <br />THE CONTRACTOR <br />7.1. Upon providing no less than forty-eight (48) hours' notice to the Contractor, the City <br />may conduct a pre -construction conference at a time and place set forth in the aforesaid notice. <br />ATTENDANCE AT ALL PRE -CONSTRUCTION CONFERENCE(S) IS MANDATORY AND FAILURE TO <br />ATTEND SHALL BE A MATERIAL BREACH OF THIS CONTRACT. <br />7.2. The Contractor is again reminded of its continuing duty set forth in Subparagraph <br />1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract <br />Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion <br />of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, <br />inconsistency, or omission in the Contract Documents without such notice to the Engineer / <br />Architect the Contractor shall bear responsibility for such performance and shall bear the cost of <br />correction. <br />7.3. The Contractor shall perform the Work strictly in accordance with this Contract. The <br />Contractor shall also be responsible for all cutting, fitting or patching that may be required to <br />complete the Work or to make its several parts fit together properly. <br />7.4 Contractor's Professional Standard <br />7.4.1. City's engagement of the Contractor is based upon the Contractor's representations <br />to the City that: <br />(a) Contractor has carefully reviewed all Construction Documents prior to <br />signing this Contract; <br />(b) Contractor is an organization experienced in, and qualified, willing and able <br />to provide construction of the nature and type necessary to perform the <br />Work; <br />Page 14 of 44 <br />
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