2011-02-09 CC Packet - Laserfiche WebLink

Home Browse Search

pty of Cente�vilJe p� 1 2009.SYr�etlmprovements Oc�cember28,1010 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 haulc�cl 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.B, and 1.04.C.1 you are to provide ��...documentation to substantiate Bid Unit Price work." payment for Monies Withheid as Liquidated Damages First, it should be made clear that the liquidated damages enforced on this contract reflect the extended completion date granted in Change Order Number 2(CO #2). This change order was signed by Forest Lake Contracting, Inc. and was approved by the City Council. It granted an eight day extension to both the substantial and �nal completion dates as originally specified in the contract. 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 beyond the completion date (revised by CO #2). Below are excerpts from the contract documents outlining the claims process which was not followed. 10.05 Gaims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shaU be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Nobce: Written nodce stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract prompdy (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Nobce of the amount or extent of the Gaim, 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 additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustrnent in Contract PNce shall be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. B. Each Gaim shall be accompanied by daimanYs written statement that the adjustment daimed is the entire adjushnent to which the daimant believes it is entiUed as a result of said event. The opposing party shall submit any response to Engineer and the daimant within 30 days after receipt of the claimanYs last submitta! (unless Engineer allows additional time). C. Engineer's Action: Engineer wiil review each Qaim and, witt�in 30 days after receipt of the last submittal of ti�e claimant or the last submittal of the opposing party, if any, take one of die following acGons in writing: i. deny tt�e Gaim in whole or in part, 2. approve the Claim, or �9