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Reso 2007-1150
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Reso 2007-1150
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Last modified
5/12/2022 1:04:08 PM
Creation date
1/28/2008 5:50:22 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1150
Date (mm/dd/yyyy)
09/20/2007
Description
Agmt w/Tenex for 172 Street Roadway Improv($1,066,884)
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L <br />Delete Paragraph 14.05 and replace with the following: <br />A. The Owner may occupy or use any completed or partially completed portion of <br />the Work at any stage when such portion is designated by separate <br />agreement with the Contractor, provided such occupancy or use is consented <br />by the insurer, in accordance with Paragraph 5.06.A.5 and as authorized by <br />public authorities having jurisdiction over the Work. Such partial occupancy <br />or use may commence whether or not the portion is substantially complete, <br />provided Owner and Contractor have accepted in writing the responsibilities <br />assigned to each of them for payments, Retainage, if any, security, <br />maintenance, heat, utilities, damage to Work and insurance, and have agreed <br />in writing concerning the period for correction of Work and commencement of <br />warranties required by the Contract Documents. When the Contractor <br />considers a portion substantially complete, the Contractor shall prepare and <br />submit a comprehensive list to the Engineer of the items to be completed or <br />corrected prior to final payment. The Failure to include an item on such list <br />does not alter the responsibility of the Contractor to complete all Work in <br />accordance with the Contract Documents. Consent of the Contractor to <br />partial occupancy or use shall not be unreasoanbaly withheld. The stage of <br />the progress of the Work shall be determined by written agreement between <br />a the Owner and the Contractor, or if no agreement is reached, by decision of <br />the Engineer. <br />B. Immediately or prior to such partial occupancy or use, the Owner, Contractor, <br />and Engineer shall jointly inspect the area to be occupied or the portion of the <br />Work to be used in order to determine and record the condition of the Work. <br />C. Unless otherwise agreed upon, partial occupancy or use of a portion or <br />portions of the Work shall not constitute acceptance of the Work not <br />complying with the Contract Documents." <br />In the first sentence of Paragraph 14.05.A.2., following the word "...Work... ", insert the words <br />"...or to place and install equipment... ". <br />At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the <br />Owners and governing, agencies <br />After the least sentence in Paragraph 14.04.13, insert the following: <br />"C. Once 1) the definitive certificate of completion has been issued to the Owner <br />and the Contractor and 2) once consent of the surety, if any, has been <br />obtained, the Owner shall make payment of Retainage applying to such Work <br />or designated portion thereof. Such payment shall be adjusted for Work that <br />is incomplete or not in accordance with the requirements of the Contract <br />Documents." <br />After the last sentence in the Paragraph 14.04.13, insert the following:." <br />"Final payment, constituting the entire unpaid balance of the Contract Price, shall <br />be made by the Owner to the Contractor when the Contractor has fully performed <br />aFinal Version 6/07 00800 -10 03 -4197 <br />
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