2011-02-09 CC Packet - Laserfiche WebLink

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City of Centervi!/e Page 3 Pe/tier Lake Orive Street and Utility Improvements Decembe� 28, Z010 adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. B. Each Claim shali be accompanied by claimanYs written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing parly shall submit any response to Engineer and the claimant within 30 days after receipt of the ciaimanYs last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it woutd be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Eng+neer does not take action on a Cla+m with+n said 30 days, ttie Cla+m shaN be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 30.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Gaim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 30.05. The supplementary conditions amend the above language as follows: SG10.05.B - Amend the first sentence of Pardgraph 10.O5.B by replacing fihe words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by repiacing the words "60 days" with the words "30 days." Payment for Monies Withheld as Liguidated Damages Again, we have stated that this matter is considered closed due to the lack of a timely and formal submittal of a claim. Additionally, we find that there has been no submittal, timely or otherwise, of documentation to support an argument justifying the exceedence of the contract times. Payment of Interest Charges on Late Partial Payments Failures to make partial payments in a timely manner, if any, have been solely the result of the inadequacy or tardiness of documentation to substantiate unit price work. This documentation is required under Section 01200. Since it appears that we have received all required documentation from you to close the project we will proceed toward final payment. The engineer's recommendation for close-out and final payment will be presented to the Ciry Council for action on January 26, 2011, unless we receive documentation on rain gardens quantities as noted above. As to the other ciaims, unless you can establish that we are mistaken in how we have applied the contract language, we will consider those issues resolved. Please provide any additional documentation to this office no later than 16