resolution accepting the workmanship of

William Sackerson Construction Co., Inc.

and authorizing final payment

(Project No. 06030)

(Addition and Renovation at

Henry Miller Park Pavilion)

(3^rd Aldermanic District)

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and William Sackerson Construction Co., Inc., hereinafter referred to as the Contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project No. 06030 for an addition and renovation at the Henry Miller Park pavilion in the City of Oak Creek, in accordance with plans and specifications prepared by The Architectural Workshop, LLC., and approved by the Director of Parks, Recreation and Forestry for the agreed price of

$179, 200.00; and,

WHEREAS, said total final contract price has been determined to be $186,499.45 as computed by the Director of Parks and Recreation 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 Architectural Workshop, LLC., and the Director of Parks and Recreation has submitted their 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 $9,325.00.

NOW, THEREFORE, BE IT RESOLVED that the recommendation and report prepared by the Director of Parks, Recreation and 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 materials on the project .

BE IT FURTHER RESOLVED that the City, through its proper officials, issues it voucher in the sum of $9,325.00 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 20^th day of May, 2008.

Passed and adopted this 20^th day of May, 2008.

_____________________________
President,Common Council

Approved this 20^th day of May, 2008.

______________________________

Mayor, City of Oak Creek

ATTEST:

_____________________________ VOTE: AYES _____ NOES _____

City Clerk