2011-02-09 CC Packet - Laserfiche WebLink

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C7ty of Centervl/le page 1 Pe/tie� Lake Orive Street and Uti/ilylmp�ovements December28, Z010 It is our understanding that you are contesting this pay item on the basis that you've placed more Rain Garden Pianting Media (sand) than would be expected based on our measurements and the rypical sections on the pian. In order for us to consider your argument, we need to have some documentation from you. This should include a record of your foreman's measurements of each rain garden's "overflow" line. If this information is not available, we may consider looking at load tickets for each truckload of sand that was hauled in. We may, then, be able to do the math to arrive at a square foot number. To date, we have not received either of these pieces of documentation. Per section 01200 — 1.03.6, and 1.04.C.1 you are to provide'�...documentation to substantiate Bid Unit Price work." Clearwater Drive Improvements As explained in our October 22"� letter, this work was ordered as a Work Change directive. 10.01 Au�orized Changes in the Work A. Without invalidaGng the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such daument, Contractor shall promptly proceed with the Work involved which will be perEormed under the applicabfe conditions of the Contrad Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustrnent in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in Paragraph 10.05. � You performed the work as the contract calied for, but did not submit a claim as called for in Paragraph 10.05 of the General Conditions and as modified by the Supplementary Conditions in the proper time frame or format. Therefore, as outlined below, the Engineer's Decision as to appropriate compensation stands. This decision is reflected in the pay request submitted for yourapprovaL 30.05 Claims A. Engineer's Decision Required: All Clairr�, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a wndition precedent to any exercise by Owner or Contractor of any rights ar r�medies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the daimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to subsbntiate a Gaim shall rest with the party making the Claim. Notice of the amount or extent of the Qaim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additlonal time for daimant to submit additional or more aaurate data in support of sudi Claim). A Claim for an adjustrnent in Contract Price shall be prepared in accordance with Uie provisions of Paragraph 12.01.6. A Gaim for an 15