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Reso 2002-433
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Reso 2002-433
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Last modified
7/2/2013 4:27:16 PM
Creation date
1/25/2006 1:57:02 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-433
Date (mm/dd/yyyy)
04/18/2002
Description
– Agmt w/Weitz Company: Construction Srvs for New City Hall.
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<br />discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the <br />Contractor shall make provisions so that they can be secured. <br /> <br />9.2 Amounts that accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a <br />deduction from the Cost of the Work. <br /> <br />ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS <br />10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall <br />be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific <br />persons or entities from whom the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from <br />suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner <br />shall then determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall not be <br />required to contract with anyone to whom the Contractor has reasonable objection. <br /> <br />10.2 If a specific bidder among those whose bids are delivered by the Contractor to the Architect (1) is recommended to the <br />Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the <br />requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, <br />then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between <br />the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement <br />actually signed with the person or entity designated by the Owner. <br /> <br />10.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be <br />awarded on the basis of cost plus a fee without the prior consent of the Owner. <br /> <br />ARTICLE 11 ACCOUNTING RECORDS <br />The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper fmancial <br />management under this Contract, and the accounting and control systems shall be satisfactory to the Owner. The Owner and the <br />Owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Contractor's records, books, <br />correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to <br />this Contract, and the Contractor shall preserve these for a period of three years after fmal payment, or for such longer period as <br />may be required by law. <br /> <br />ARTICLE 12 PAYMENTS <br />12.1 PROGRESS PAYMENTS <br />12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued <br />by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below <br />and elsewhere in the Contract Documents. <br /> <br />12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or <br />as follows: <br /> <br />12.1.3 Provided that an Application for Payment is received by the Architect and processed Rot later thaa the da-y of a memh; <br />the Owner shall make payment to the Contractor within thirty days (30) of such processing by the Architect. Ret later than the day- <br />ef4he meath. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be <br />made by the Owner not later than thirty (30) days after the Architect receives the Application for Payment. <br /> <br />12.1.4 With each !.pplieatieR for Paymem, the CaRtraetar shall soomit payralls, petty eash accel:JBts, receipted m'leices ar <br />invaiees with eheek vaeehers attaehed, aRd any ather evidenee required BY the O'.VIler or l\rehitect ta demenstrate that eash <br />disbersemeRts already made BY the CoRtraetar OR aecaeat afthe Cast of the Work eEj,lIlll or e1(ceed (1) progress payments already <br />received BY the Contractor; less (2) that partioR of these paymeats attrHl\ltaele to the Caatraetar's Fee; plas (3) payrolls far the <br />period co'/ered BY the preseRt AflfllicatioR fer Paymeat. With each Ap,plication for Payment. the Contractor shall submit <br /> <br />@ AIA DOCUMENT Alii -OWNER - CONTRACTOR AGREEMENT - 1997 EDITlON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF <br />ARCHITECTS, 1735 NEW YORK AVENUE N.W" WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S, copyright laws and will <br />subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date <br />of expiration as noted below. expiration as noted below, expiration as noted below. User Document: a III city of sunny,aia -- 4/11/2002, AIA License Number <br />1000746, which expires on 8/8/2002, <br /> <br />Electronic Format A 111-1997 <br />9-; ,-I <br />
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