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Reso 2011-1727
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Reso 2011-1727
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Last modified
7/2/2015 2:21:32 PM
Creation date
7/13/2011 10:45:21 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1727
Date (mm/dd/yyyy)
06/15/2011
Description
Bid 11-05-01/Agmt w/Namin Construction: Bella Vista Bay Park Impr
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equal to that to which the City is entitled from any payment then or thereafter due the <br />Contractor from the City, or (2) issue a written notice to the Contractor reducing the <br />Contract Sum by an amount equal to that to which the City is entitled. <br />7.7 Substantial Completion <br />7.7.1 Substantial Completion is the stage in the progress of the Work as defined in the <br />Contract Documents. <br />7.7.2 At the date of Substantial Completion, the Contractor may apply for, and if approved by <br />City's Representative subject to the provisions herein, shall increase total payments to <br />one hundred percent (100 %) of the Contract Sum less two hundred percent (200 %) of <br />the value of any incomplete Work and unsettled claims, as determined by the City's <br />Representative. <br />7.8 Final Completion and Final Payment <br />7.8.1 The final approval for payment will not be issued by the City's Representative until all <br />warranties and guarantees have been received and accepted by the City. <br />7.8.2 The City will request the Contractor to submit the application for final payment along with <br />a manually signed notarized letter on the Contractor's letterhead certifying that: <br />• Labor costs, prevailing wage rates, fringe benefits and material costs have been <br />paid. <br />• Subcontractors of any tier and manufacturers furnishing materials and labor for <br />the project have fully completed their Work and have been paid in full. <br />• The project has been fully completed in accordance with the Contract Documents <br />as modified by Change Orders. <br />• The acceptance by Contractor of its Final Payment, by check or electronic <br />transfer, shall be and operate as a release of all claims of Contractor against City <br />for all things done or furnished or relating to the Work and for every act or alleged <br />neglect of City arising out of the Work. <br />7.8.3 No payment under this Contract, including but not limited to final payment, shall <br />constitute acceptance by City of any Work or act not in accordance with the requirements <br />of the Contract Documents. <br />PROVISION 8 <br />BONDS <br />8.1 Bonds: <br />Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special <br />Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a <br />performance bond and certificate of insurance in the amount specified herein. <br />8.1.1 The Contractor shall procure and furnish a Performance Bond and a Payment Bond in <br />the form prepared by the City, each in an amount equal to one hundred percent (100 %) <br />of the Contract Sum, as well as adjustments to the Contract Sum. The Performance Bond <br />shall secure and guarantee Contractor's faithful performance of this Contract, including <br />but not limited to Contractor's obligation to correct defects after final payment has been <br />made as required by the Contract Documents. The Payment Bond shall secure and <br />guarantee payment of all persons performing labor on the Project under this Contract and <br />furnishing materials in connection with this Contract. These Bonds shall be in effect <br />27 <br />
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