resolution accepting the workmanship of

LESTER BUILDINGS, LLC.

and authorizing final payment

(Project No. 06004)

(COMMERCIAL POLE BUILDING)

(2^nd Aldermanic District)

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and LESTER BUILDINGS, LLC, hereinafter referred to as the Contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project No. 06004 to supply and erect a commercial pole building at 800 W. Puetz Road in the City of Oak Creek, in accordance with plans and specifications prepared by the Director of Parks, Recreation & Forestry for the agreed price of $98,805; and,

WHEREAS, said total final contract price has been determined to be $102,768 as computed by the Director of Parks, Recreation & Forestry using additions and deletions to the contract; and,

WHEREAS, the Contractor has completed all of the work set out in the specifications; and,

WHEREAS, the Director of Parks, Recreation & Forestry has submitted his final report certifying that the workmanship of the Contractor is satisfactorily completed and recommends a final settlement be made and that the City accept the work and authorize payment due the Contractor, the sum of $50,546.50.

NOW, THEREFORE, BE IT RESOLVED that the report and recommendation prepared by the Director of Parks, Recreation & Forestry be accepted.

BE IT FURTHER RESOLVED that the City of Oak Creek does hereby accept the workmanship furnished by the Contractor, subject, however, to all guarantees and other obligations set out in the contract which the City of Oak Creek hereby reserves, if any, and subject the right of the City of Oak Creek to commence an action or file a third party claim against the Contractor in the event that an action is commenced by anyone against the City of Oak Creek as a result of alleged injuries or wrongful death as a result of the condition of various work sites or any other condition related to this project.

BE IT FURTHER RESOLVED that there is a one-year guarantee of said workmanship and limited materials warranties on the project as outlined in the warranty submitted by the contractor.

BE IT FURTHER RESOLVED that the City, through its proper officials, issues its voucher in the sum of $50,546.50 to the Contractor in full and final payment of the City’s obligations under this contract.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 18^th day of July, 2006.

Passed and adopted this 18^th day of July, 2006.

_____________________________

President, Common Council

Approved this 18^th day of July, 2006.

_____________________________

Mayor, City of Oak Creek

ATTEST:

__________________________ Vote: ayes_____ noes_____

City Clerk