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Reso 2009-1434
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Reso 2009-1434
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Last modified
7/7/2015 10:41:07 AM
Creation date
7/8/2009 4:36:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1434
Date (mm/dd/yyyy)
06/18/2009
Description
RFQ No. 09-03-01Construction Services for the Heritage Park and Parking GarageCoastal Construction Company
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<br />-..J <br /> <br />5.5 Upon receipt of written notice from Contractor that the Work is ready for final <br />inspection and acceptance, the City or its designee shall, within ten (10) calendar <br />days, make an inspection thereof. If the City or its designee finds the Work <br />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 <br />agencies have been met, a final Certificate for Payment shall be issued by the City or <br />its designee, stating that the requirements of the Contract Documents have been <br />performed and the Work is ready for acceptance under the terms and conditions <br />thereof. <br /> <br />5.6 Before issuance of the final Certificate for Payment, Contractor shall <br />deliver to the City or its designee a complete release of all liens arising out of this <br />Agreement, or receipts in full in lieu thereof, an affidavit certifying that all suppliers and <br />Sub-Contractors have been paid in full and that all other indebtedness connected with the <br />Construction Work has been paid, and a consent of the surety to final payment; the final <br />corrected As-Built Drawings; the Record Set; and the final bill of materials, if <br />required, and Application for Payment. Contractor shall deliver the written <br />Contractor's and all Manufacturers warranties prior to issuance of the final <br />Certificate for Payment. <br /> <br />5.7 If, after the Construction Work has been substantially completed, full <br />completion thereof is materially delayed through no fault of Contractor, and the <br />City or its designee so certifies, the City shall, upon certificate of its designee, and <br />without terminating the Agreement, make payment of the balance due for that portion of <br />the Construction Work fully completed and accepted. Such payment shall be made <br />under the terms and conditions governing final payment, except that it shall not constitute <br />a waiver of claims. <br /> <br />5.8 final payment shall be made only after the City or designee has reviewed a written <br />evaluation of the performance of Contractor prepared by the City or its designee, and <br />approved the final payment. The acceptance of final payment shall constitute a <br />waiver of all claims by Contractor, except those previously made in strict accordance <br />with the provisions of the Agreement and identified by Contractor as unsettled at the <br />time of the application for final payment. <br /> <br />ARTICLE 6. REQUESTS FOR INFORMATION (RFI) <br /> <br />The Contractor shall submit in writing a Request for Information (RfI) to the City or its <br />designee, where the Contractor believes that the specifications or drawings are <br />unclear or conflict. All requests must be submitted in a manner that clearly <br />identifies the drawing and/or specification section where clarification or interpretation is <br />being requested. <br />
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