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Reso 2014-2210
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Reso 2014-2210
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Last modified
7/20/2015 11:16:51 AM
Creation date
4/3/2014 10:48:00 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2210
Date (mm/dd/yyyy)
03/20/2014
Description
Agmt w/Lynx ConstructionMgmt to Construct Wall Under Lehman Cswy, Awd RFP 13-10-02
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administration. <br />5.4.5 Failure of Contractor to comply with other provisions of this Agreement. <br />5.5 Upon receipt of written notice from Contractor that the Work is ready for final <br />inspection and acceptance, the City will make an inspection thereof. If the City finds the <br />Work acceptable, the requisite documents have been submitted and the requirements of the <br />Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies <br />have been met, a Final Certificate for Payment will be issued by the City, stating that the <br />requirements of the Contract Documents have been performed and the Work is ready for <br />acceptance under the terms and conditions thereof. <br />5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the <br />City a complete release of all liens arising out of this Agreement, or receipts in full in lieu <br />thereof, an affidavit certifying that all suppliers and Sub - Contractors have been paid in full and <br />that all other indebtedness connected with the Work has been paid, and a consent of the surety to <br />final payment; and the final bill of materials, if required, and Application for Payment. <br />Contractor shall deliver the written Contractor's and all Manufacturers warranties prior to <br />issuance of the Final Certificate for Payment. <br />5.7 If, after the Work has been substantially completed, full completion thereof is <br />materially delayed through no fault of Contractor, and the City so certifies same, the City <br />will, and without terminating the Agreement, make payment of the balance due for that portion <br />of the Work fully completed and accepted. Such payment shall be made under the terms and <br />conditions governing final payment, except that it shall not constitute a waiver of claims. <br />5.8 Final payment shall be made only after the City has reviewed and approved the final <br />application for payment. The acceptance of final payment shall constitute a waiver of all <br />claims by Contractor, except those previously made in strict accordance with the provisions of <br />the Agreement and identified by Contractor as unsettled at the time of the application for final <br />payment. <br />ARTICLE 6. REQUESTS FOR INFORMATION (RFI) <br />The Contractor shall submit in writing a Request for Information (RFI) to the City where the <br />Contractor believes that the specifications or drawings are unclear or conflict. All requests <br />must be submitted in a manner that clearly identifies the drawing and /or specification <br />section where clarification or interpretation is being requested. <br />ARTICLE 7. FIELD DIRECTIVES <br />The City may at times issue Field Directives to the Contractor based on visits to the Project <br />site. Such Field Directives shall be issued in writing and the Contractor shall be required to <br />comply with such directive. Where the Contractor believes that the directive is outside the scope <br />of the Work, the Contractor shall, within 48 hours, notify the City that the Field Directive is <br />7 <br />
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