RESOLUTION ACCEPTING THE WORKMANSHIP OF

GIESE TREE AND LANDSCAPE SERVICE LLC

AND AUTHORIZING FINAL PAYMENT

PROJECT NO. 07014

(Various ALDERMANIC DISTRICTS)

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and Giese Tree and Landscape Service LLC, hereinafter referred to as the contractor, entered into a contract whereby the Contractor agreed to trim street trees under Project No. 07014 in the City of Oak Creek, in accordance with plans and specifications prepared by the City Forester for the agreed total price of $30,680.00, and, a middle payment of $15,340.

WHEREAS, said final contract payment has been determined to be $15,340.00 as computed by the City Forester using actual quantities, as measured, additions and deletions to the contract, and contract unit prices; and,

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

WHEREAS, the City Forester has accepted the workmanship of the Contractor as satisfactorily completed and recommends a final payment be made and that the City accept the work and authorize the payment of the balance presently outstanding and due the Contractor, in the sum of $15,340.00.

NOW, THEREFORE, BE IT RESOLVED that the recommendation and report prepared by the City Forester 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 to 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 the work site or any other condition related to this project.

BE IT FURTHER RESOLVED that the City, through its proper officials, issues its voucher in the sum of $15.340.00 to the Contractor as 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 31^st day of March, 2008.

Passed and adopted this 31^st day of March, 2008.

___________________________________

President, Common Council

Approved this 31^st day of March, 2008.

___________________________________

Mayor, City of Oak Creek

ATTEST:

__________________________ VOTE: AYES______ NOES ______

City Clerk