Reso 2011-1727 - Laserfiche WebLink

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within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. An action exclusively for recovery of retainage must be instituted against the Contractor or the surety within one (1) year after the performance of the labor or completion of delivery of the materials or supplies, or within ninety (90) days after the Contractor's receipt of final payment (or the payment estimate containing the City's final reconciliation of quantities if no further payment is earned and due as a result of deductive adjustments) by the Contractor or surety, whichever comes last. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action bought to enforce a claim against a performance and payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services for his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a Contractor or a surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. Article 12: Contractor's Representations 12.1 Specific Representations. In order to induce City to execute this Agreement and recognizing that City is relying thereon, Contractor, by executing this Agreement, and without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, makes the following express representations to City: .1 Contractor has substantial experience in being responsible for the Work described in this Agreement, and the necessary skill to complete the Work. .2 Contractor is professionally and fully licensed and qualified to perform the Work and is, and will remain, licensed to practice the necessary construction and engineering by all public entities having jurisdiction over Contractor; .3 Contractor will maintain all necessary licenses, permits or other authorizations necessary to act as Contractor for the Work until Contractor's duties under this Agreement have been fully satisfied; .4 Contractor has the expertise, experience, and knowledge as well as the necessary personnel and financial capability to perform the Work in accordance with the terms of this Agreement and the Contract Documents; and .5 Contractor assumes full responsibility to City for the improper acts and omissions of its Subcontractors or others employed or retained by Contractor in connection with the Work. C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 8 of 15 "•