09-12-2022 City Council Packet - Laserfiche WebLink

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