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Reso 2005-825
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Reso 2005-825
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Last modified
5/17/2021 10:15:50 AM
Creation date
1/25/2006 1:57:58 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-825
Date (mm/dd/yyyy)
09/08/2005
Description
– Ratify Agmt w/Siltek Group Inc., Construction of 181st Drive Active Park.
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<br />A. When CONTRAc;:TOR considers d1e entire Work n <br />ready for its intended use CONTRACTOR shall notify <br />OWNER and ENGINEER in writing that die entire Work is <br />substantially complete (except for items specifically listed by <br />CONTRACTOR as incomplete) and request that ENGINEER <br />issue a certificatc of Substantial Completion. Promptly <br />thereafter, OWNER, CONTRACTOR, and BNGINEER <br />shall make an inspection of die Work to determine die statu <br />of completion. If ENGINEER docs DOt consider die Wori.. <br />substantially complete, ENGINEER wID notify <br />CONTRACTOR in writing giving the reasons tbcrefor. If <br />ENGINEER considers the Work substaDtially complete, <br />ENGINEER wiD prepare aDd deliver to OWNER a tcDWive <br />. certificate of Substantial Completion whicl1sha1l fix the date <br />of Substantial ComplClion. There IbaI1 be IIttlcMd to the <br />ccrtificarc. a tentative .list .of .items &0 be complecec1 or <br />b. Ueus have been filed in c:oanectiOD wiIh~Ibe-""!' corrected 'before :fiDll'.pa~ 'OWNER shall have seven <br />Wort, cx=p( Wbl= CONTRACTOR bas delivered. .days:after rc:ccipt of.the tcnWivc c:crtificatc duriDg which 10 <br />. specific Bood satisfactory to OWNER. to secure make writtcn.objcction"&o ENGINEER as to any provisions <br />the satisfaction aDd discharge of such Liens; of the certificate or attached list. If, after considering such <br />objections, ENGINEER concludes that tbc Work is DOt <br />c. there arc other itemS entitling OWNER to substantially complete, ENGINEER will within 14 days after <br />a sct~ff against d1c amount recommended; or submission of the tentative cenificate to OWNER notify <br />CONTRACI'OR in wriciog, stating the reasons therefor. If, <br />after coosideratioD of OWNER's objcctious, .ENGINEER <br />coosiders die Work substantially complete, ENGINEER will <br />within said 14 days execute aDd deliver 10 OWNER. and <br />CONTRAcroR a clcfiaidve certificate of Substantial <br />Completion (with a revised teDtativc list of items to be <br />compleced or corrected) rd1ectiag such c:haDges from the <br />tcotltive c:enificate as ENGINEER. be1ievcs justified after <br />CODSideradoD. of any objcccions from OWNER. At the time <br />of delivery of die temalive certificate of SUbstantial Comple- <br />tion ENGINEER wW deliver to OWNER aDd CONTRAC' <br />TOR a wriuen reco~atioo as 10 dMsion of RIpODSibW- <br /> <br />revise or revoke any such paymeot recommendation <br />previously made, to such extcnt as may be necessary in <br />ENGINEER's opinion to protect OWNER from loss <br />because: <br /> <br />a. the Work is defective, or completed Work <br />has been damaged, requiring correction or replace- <br />ment; <br /> <br />b. the Contract Price has been reduced by <br />Written Amendment or Change Orders; <br /> <br />c. OWNER has been required to correct <br />defective Work or complete Work in accordance <br />with paragraph 13.09; or <br /> <br />d. ENGINEER bas actual knowledge of.ihe <br />occurreoce of any of the events enumerated in para- <br />graph IS.Ol.A. <br /> <br />C. PaymetU Becomes Du~ <br /> <br />1. Ten days after presentation of the Application <br />for Payment to OWNER with ENGINEER's recom- <br />mendation, the amount recommended will (subject to the <br />provisions of paragraph 14.02.0) become due, and when <br />due will be paid by OWNER to CONTRACTOR. <br /> <br />D. Reduction in Paynunl <br /> <br />1. . OWNER may refuse to make payment of thc <br />full amount recommended by ENGINEER because: <br /> <br />a. claims ha~ been made against OWNER on <br />account ofCONTRACI'OR's performance or fur- <br />DisbiDg of die Work; <br /> <br />d. OWNER has actual kDowledge of the occuc- <br />. rc:acc of any of the evCIIIS enumerared in paragraphs <br />14.02.B.S.. through 14.0l.B.s.c or paragraph <br />IS.Ol.A. <br /> <br />2. If OWNER refuses to make payDJCDt of the full <br />&D1OUIIl rec:om-Nwt by ENGINEER. OWNER. must <br />give CONTRACTOR ImrnMiate wriaen DOtice (with a <br />copy to ENGINEER.) swiag die reasons for such action <br />aad prompUy pay CONTRACTOR any amount <br />R"'Slifth1g afIc& dccluctioa of the amouDl so witbhc1d. <br /> <br />00700 . 38 <br /> <br />n <br /> <br />LJ <br /> <br />OWNER shall promptly pay CONTRACTOR the <br />amoW1t so withheld, or any adjUStmcDt lhercto agreed to 11 <br />by OWNER and CONTRACTOR, when CONTR.V LJ <br />TOR corrects to OWNER's satisfaction the reasons L <br />such action. n <br /> <br />L.J <br />3. If it is subsequently determined that OWNER's <br />refusal of payment was not justified, the amount n <br />wrongfully withheld shall be treated as an amount due as <br />determined by paragraph l4.02.C.1. LJ <br /> <br />14.03 CONTRACTOR's Warranty o/Title <br /> <br />n <br /> <br />u <br /> <br />A. CONTRACTOR warrants and guarantees that title <br />to all Work, materials, and equipment covered by any n <br />Application for.Payment,.whether incorporated in the Project u <br />or . not, will pass to' OWNER. no later than the time of <br />payment free and' clear of-all Liens. <br /> <br />n <br /> <br />14.04 Substanlial Completion <br /> <br />u <br /> <br />u <br /> <br />Il <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br />LJ <br /> <br />n <br />I <br />L.J <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />L.J <br /> <br />n <br />I <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br />
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