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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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0 <br />Fi <br />0 <br />7 <br />I <br />r <br />the Contract except for Contractor's responsibility to correct Work as provided in <br />Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which <br />extend beyond final payment and after the Engineer sends written notice to <br />Owner that the Work is acceptable and in accordance with Paragraphs 14.07.6 <br />and 14.07.C." <br />Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following: <br />"The final Application for Payment shall be accompanied (except as previously <br />delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and <br />other indebtedness connected with the Work for which the Owner or the Owner's <br />property might be responsible or encumbered (less amounts withheld by Owner) <br />have been paid or otherwise been satisfied, (2) a certificate evidencing that <br />insurance required by the Contract Documents to remain in force after final <br />payment is currently in effect and will not be canceled or allowed to be expired <br />until at least 30 days' prior written notice has been given to the Owner, (3) a <br />written statement that the Contractor knows of no substantial reason that the <br />insurance will not be renewable to cover the period required by the Contract <br />Documents, (4) consent of the surety, if any, to final payment, and (5) if required <br />by the Owner, other data establishing payment or satisfaction of obligations, such <br />as receipts, releases, and waivers of liens, claims, security interests of <br />encumbrances arising out of the Contract, to the extent and in such form as may <br />be designated by the Owner, (6) all documentation as required by the Contract <br />Documents, and (7) acceptance by the Owner and governing agencies. If a <br />Subcontractor refuses to furnish a release or waiver required by the Owner, the <br />Owner may require that the Contractor furnish a bond or other collateral <br />satisfactory to the Owner to indemnify the Owner against such lien. If such lien <br />remains unsatisfied after payments are made, the Contractor shall refund to the <br />Owner all money that the Owner may be compelled to pay in discharging the lien, <br />including all reasonable attorneys' fees and costs. The final payment will <br />become due when the Contractor submits the information above to the <br />Engineer." <br />ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION <br />In the twentieth line of Paragraph 15.02.6., insert the following after the words ... such excess...; <br />U. <br />...(including but not limited to fees and charges of ENGINEER, other engineers, <br />architects, attorneys and other professionals, particularly including, but not limited tc <br />reasonable Engineer's attorney's fees, and court costs)...". <br />ARTICLE 16 - DISPUTE RESOLUTION <br />Delete this Article in its entirety. <br />ARTICLE 17 — MISCELLANEOUS <br />00800 -11 <br />03 -4197 <br />
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