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Reso 2005-801
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Reso 2005-801
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Last modified
5/17/2021 12:19:49 PM
Creation date
1/25/2006 1:57:54 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-801
Date (mm/dd/yyyy)
06/09/2005
Description
– Awd Bid05-04-02:Agmt w/Vila&Son, Landscape Impv Atlantic Isle.[O’Leary]
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<br />14.6.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, <br /> <br />14.6.2 The Work for which payment is requested cannot be verified, <br /> <br />14.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof, <br /> <br />14.6.4 The Contract Price has been reduced because of modifications, <br /> <br />14.6.5 The CITY has been required to correct defective Work or complete the Work in accordance with <br />Article 13. <br /> <br />14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 <br />and 6.30, <br /> <br />]4.6.7 Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry <br />out the Work in accordance with the Contract Documents, <br /> <br />14.6.8 Of liquidated damages payable by the CONTRACTOR, or <br /> <br />14.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents. <br /> <br />14.7 Prior to Final Acceptance the CITY with the concurrence of the CONTRACTOR, may use any completed or <br />substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions ofthe Work. <br /> <br />14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract <br />Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care <br />and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or <br />employees of the CITY. <br /> <br />14.9 Upon completion and acceptance oftbe Work the CITY shall issue a certificate attached to the fmal payment <br />request that the Work has been accepted by them under the conditions of the Contract Documents. The entire balance <br />found to be due the CONTRACTOR, including tbe retained percentages, but except such sums as may be lawfully <br />retained by the CITY, shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance of the <br />Work. <br /> <br />Acceptance of Final Payment as Release <br /> <br />14.11 The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the CITY and <br />a waiver of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br />excepted by the CONTRACTOR for all things done or furnished in connection wjth the Work and for every act and <br />neglect of the CITY and others relating to or arising out of this Work. Any payment, however, fmal or otherwise, shall <br />not release the CONTRACTOR of their sureties from any obligations under the Contract Documents or the Perfonnance <br />Bond and Payment Bonds. <br /> <br />ARTICLE 15 - SUSPENSION OF WORK AND TERMfNATION <br /> <br />] 5.1 The CITY may, at any time and without cause, suspend the Work or any portion thereoffor a period of not more <br />than ninety (90) days by notice in writing to the CONTRACTOR which shall fix the date on which Work shall be <br />resumed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, <br />or both, directly attributable to any suspension if they make a claim therefor as provided in Articles II and 12. <br /> <br />Work During Inclement Weather <br /> <br />00710-23 <br /> <br />~ ~~" <br />\l ~,~ <br />iu <br />
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