2011-02-09 CC Packet - Laserfiche WebLink

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I i Cfty of Centervi/le Page 3 2009 Street Improvements December28, 2010 3, notify the parties that the Engineer is unabie to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of furtt►er resolution of the Ciaim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Gaim within said 30 days, the Gaim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or deniat pursuant to Paragrephs lO.OS.C.3 or ' 10.05.D will be finai and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 witfiin 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times wiii be valid if not submit�ed in accordance with this Paragraph 10.05. The supplementary conditions amend the above language as follows: SC-10.05.6 - Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." Payment of Interest Charges on Late Partiai Payments Failures to make partial payments in a timely manner, if any, have been solely the resuit 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 witi proceed toward finai payment. The engineer's recommendation for close-out and final payment will be presented to the City Council for action on January 26, 2011, unless we receive documentation on rain gardens quantities as noted above. As to the other claims, unless you can establish that we are mistaken in how we have applied the contract language, we will consider those issues resolved. Piease provide any additional documentation to this office no later than January 24, 2011. If you wish, you may attend the City Cauncil meeting of January 26, 2011, to request that they consider your claims over the engineer's recommendation. In any event, it is expected that a Council decision on close-out and final payment will be made on that date. The City attorney has reviewed this letter and generally concurs with its content. Piease feel free to contact me if there are any questions. � Sincerely, BONESTROO � �- • Mark Statz, PE City Engineer 651-604-4709 i cc: Dallas Larson — City of Centerville, Kurt Glaser — City Attorney I 20