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2022-090 Council Resolution
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2022-090 Council Resolution
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1/16/2024 9:01:01 AM
Creation date
9/2/2022 9:35:43 AM
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City Council
Council Document Type
Resolutions
Meeting Date
08/22/2022
Council Meeting Type
Regular
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Met Council No.22I012 <br /> 1. Council will reimburse the City for construction of the Council Project. An <br /> estimated itemization of reimbursement of the construction costs is set forth in the attached <br /> Exhibit B. <br /> 2. The parties further agree that the project costs stated above in this Article IX and <br /> more specifically shown on Exhibit B to this Agreement are an estimate of the construction costs <br /> for the contract work on the Council Project. The unit prices set forth in the City's construction <br /> contract and the final quantities as measured by the City Engineer's designated representatives <br /> will govern in computing the total final contract construction cost, including the cost of <br /> amendments and change orders as provided in Article VII of this Agreement, for determination <br /> of the final Council Project construction and administration costs for reimbursement to the City <br /> by Council. <br /> 3. All direct payments to the City's contractor for work performed on the Council <br /> Project will be made by the City. <br /> X. <br /> Payment and Record Drawings <br /> 1. During construction of the Council Project, the City will submit monthly invoices <br /> to the Council. The City's monthly invoices will include a progress report. The Council will pay <br /> the City within 30 calendar days after it receives the invoice. If the Council disputes any portion <br /> of an invoice, it will give the City notice of the dispute within 14 calendar days after the Council <br /> receives the invoice. If the Council disputes any portion of an invoice, the Council will pay the <br /> undisputed portion of the invoice within 30 calendar days after receipt of the invoice, and it will <br /> pay the remainder of any amount due within 30 calendar days after the dispute is resolved. <br /> 2. In the event the calculations show that Council has advanced funds in greater <br /> amount than is due the City,the City will refund without interest the amount to Council. <br /> 3. Payment by Council will be adjusted by any change orders approved by Council <br /> as provided in Section VII of this Agreement. <br /> 4. Upon completion of the construction of the Council Project by the City and <br /> acceptance of the Council Project by Council, the City will provide to Council (i) both <br /> reproducible hard copy and electronic file record drawings of the Council Project and (ii) deliver <br /> copies of and assign to Council any warranties of labor or materials for the Council Project. <br /> XI. <br /> Ownership/Maintenance <br /> 1. Upon completion of the construction of the Council Project and acceptance of the <br /> Council Project by Council pursuant to this Agreement, the Council Project will become <br /> property of the Council and all associated warranties and guarantees provided by the <br /> 5 <br /> 155444v2 <br />
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