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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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When a resolution has been reached on the total cost of the Work and the cost of the Work is more <br />or less than the Engineer / Architect's estimate, a final adjusting Change Order will be issued for <br />the difference in both cost and time as is applicable. <br />ARTICLE XI <br />UNCOVERING AND CORRECTING WORK <br />11.1 Uncovering Work <br />11.1.1. If any of the Work is covered contrary to the Engineer / Architect's request or to any <br />provisions of this Contract, it shall, if required by the Engineer / Architect or the City, be uncovered <br />for the Engineer / Architect inspection and shall be properly replaced at the Contractor's expense <br />without change in the Contract Time. <br />11.1.2. If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 <br />above, it shall, if required by the Engineer / Architect or the City, be uncovered for the inspection <br />of the Engineer / Architect or the City. If such Work conforms strictly with this Contract, costs of <br />uncovering and proper replacement shall by Change Order be charged to the City. If such Work <br />does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and <br />proper replacement. <br />11.2 Correcting Work <br />11.2.1. The Contractor shall immediately proceed to correct Work rejected by the .Engineer <br />/ Architect or the City as defective or failing to conform to, this Contract. The Contractor shall pay <br />all costs and expenses associated with correcting such rejected Work, including any additional <br />testing and inspections, and reimbursement to the City for the Engineer / Architect services and <br />expenses made necessary thereby. <br />11.2.2. If within one (1) year after Final Completion of the Work any of the Work is found to <br />be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon <br />receipt of written notice from the City. This obligation shall survive final payment by the City and <br />termination of this Contract. With respect to Work completed after Final Completion, this one-year <br />obligation to specifically correct defective and non -conforming Work shall be extended by the <br />period of time which elapses between Final Completion and acceptance of the subject Work by the <br />City and the Engineer / Architect. <br />11.2.3. Nothing contained in this Paragraph 11.2 shall establish any period of limitation with <br />respect to other obligations which the Contractor has under this Contract. Establishment of the <br />one-year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to <br />specifically correct the Work. <br />11.3 The City May Accept Defective or Non -conforming Work <br />11.3.1. If the City chooses to accept defective or non -conforming Work, the City may do so. <br />In such event, the Contract Price shall be reduced by the greater of: (a) the reasonable cost of <br />Page 28 of 44 <br />
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