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08-L HMAC Street Overlay Award
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July 09, 2001
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08-L HMAC Street Overlay Award
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Last modified
11/8/2005 11:23:21 AM
Creation date
7/6/2001 5:12:57 PM
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Template:
AGENDA
Item Number
8-L
AGENDA - Type
RESOLUTION
Description
HMAC Street Overlay - Award Bid
AGENDA - Date
7/9/2001
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costs attributable to OWNER's evaluation of and determi- <br />nation to accept such defectfi,? Work (such costs to be approved <br />by ENGINEER as {o reasonableness and to include but not <br />be limited to fees and charges of englneers, architects, attor- <br />neys and other professionals). If any such acceptance occurs <br />prior to ENGINEER's i-ecommendation of final payment, a <br />Change Order will be issced incorporating the necessary revi- <br />sions in the Contract Documents with respect to the Work; <br />and OWNER shall be entitled to an appropriate decrease in <br />the Contract Price, and, if the pst'ties are unable to agree as <br />to ~he amount thereof, OWNER. may make a claim therefor <br />as provided in Article 11. It' the acceptance occurs after such <br />recommendation, an appropriate amount will be paid by <br />CONTRACTOR to OWNER. <br /> <br />OWNER May Correct Defective Work: <br /> <br /> 13.14. If CONTP,.ACTOR. fails within a reasonable time <br />after written notice of ENGINEER. to proceed to correct and <br />to correct defective Work or to remove and replace rejected <br />Work as required by ENGINEER. in accordance with para- <br />graph 13.11, or if CONTRACTOR. fails to perform thc Work <br />in accordance w[th tlie Contr'.ct Documents, or if CON- <br />TRACTOR. fails to comply with any other provision of the <br />Contract Documents, O~WNER may, after seven days' writ- <br />ten notice to CONTRACTOR, correct and remedy any such <br />deficiency. In exercising the fights and remedies under this <br />paragraph OWNER shall proceed expeditiously. To the extent <br />necessary to complete corrective and remedial action, OW1N <br />may exclude CONTRACTOR from all or part of thc site, take <br />possession of all or parl of thc Work, and suspend CON- <br />TRACTOR.'s services related thereto, take possession of <br />CONTRACi'OR's tools, appliances, construction equipment <br />and machinery at the site and incorporate in the Work all <br />materiai~ and equipment stored at the site or for which OWNER <br />has paid CONTRACTOR but which are stored elsewhere. <br />CONTRACTOR shall allow OWNER, OWNER's represen- <br />tatives, agents and employees such access to the site a~ may <br />be necessary to enable OWNER to exercise the fights and <br />remedies under this paragraph. All direct, indirect and con- <br />sequential costs of OWNER in exercising such fights and <br />remedies will be charged against CONTRACTOR in an amount <br />approved as to reasonableness by ENGINEER, and a Change <br />Order will be issued incorporating the necessary revisions in <br />the Contract Documents with respect to the Work; and <br />OWNER shall be entitled to an appropriate decrease in the <br />Contract Pries, and, if the par/les arc unable to agree as to <br />thc amount thereof, OWNER. may make a claim therefor <br /> provided in Article Il. Such direct, indirect and consequen- <br /> tial costs will include but not be limited to fees and charges <br /> of engineers, architects, attorneys and other professionals, <br /> all court and arbitration costs and all costs of i'cpalr and <br /> replacement of work of others destroyed or damaged by <br /> correction, removal or replacement o.f CONTRACTOR's <br /> clef ocHre Work. CONTRACTOR. shall not bc allowed an <br /> extension of thc Contract Time because of any delay in <br /> formancc of thc Work attributable to thc exercise by OWNER <br /> of OWNER's fights and remedies hereunder. <br /> <br />ARTICLE 14--PAYMENTS TO CONTRACTOR AND <br /> COMPLETION <br /> <br />Schedule of Values: <br /> 14.1. The schedule of values established as provided in <br />paragraph 2.9 will serve as the basis for progress payments <br />and will be incorporated into a form of Application for Pay- <br />ment acceptable to ENGINEER. Progress payments on <br />account o£ Unit Price Work will be based on the number of <br />units completed. <br /> <br /> Application for Progress Payment: <br /> <br /> 14.2. At least twenty days before each progress payment <br /> is scheduled (but not more often than once a month), CON- <br /> TRACTOR shall submit to ENGINEER for review an Appli- <br /> cation for Payment filled out and signed by CONTRACTOR <br /> covering the Work completed as of the date of the Application <br /> 'and accompanied by such supporting documentation as is <br /> required by the Contract Documents. If payment is requested <br />· . on the basis of materials and equipment not incorporated in <br /> the Work but delivered and suitably stored at the site or at <br /> another location agreed to in writing, the Application for <br /> Payment shall also be accompanied by a bill of sale, invoice <br /> or uther documentation warranting that OWNER. ha~ received <br /> the matefial~ and equipment free and clear of ali liens, charges, <br /> security [nterests and encumbrances (which are hereinafter <br /> in these General Conditions referred to as "Liens"} and <br /> evidence that thc materials and equipment are covered by <br /> appropriate property insurance and other arrangements to <br /> protect OWNER's interest therein, ail of which will be sat- <br /> isfactory to OWNER.. The amount of retainage with respect <br /> to progress payments will be as stipulated in the Agreement. <br /> <br />CONFRACTOR's Warranty of Title: <br /> <br /> 14.3. CONTRACTOR warrants and guarantees that title <br />to ail Work, materials and equipment covered by any Appli- <br />cation for Payment, whether incorporated in thc Project or <br />not, will pass to OWNER no later than the time of payment <br />free and clear of all Liens. <br /> <br />Review of Applicatlon~ for Progrex~: Payment: <br /> 14.4. ENGINEER. will, within ten days after receipt of <br />each Application for Payment, either indicate in writing a <br />recommendation of payment and present thc Application to <br />OWNER, or return the AppliCation to CONTRACTOR. indi- <br />cating in writing ENGINEER's reasons for rdfusing to rec- <br />ommend payment. In the latter case, CONTRACTOR. may <br />make the necessary corrections and resubmit the Applica- <br />tion. Ten days after presentation of the Application for Pay- <br />ment with ENGINEER"s recommendation, the amount reo- <br />ommended will (subject to the provisions of the last sentence <br />of paragraph 14.7) become due and when due will be paid by <br />OWNER to CONTRACTOR. <br /> <br /> 14.5. ENGINEER's recommendation of any payment <br />requested in an Application for Payment will constitute a <br /> <br /> <br />
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