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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2008
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041508
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13
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4/10/2008 1:36:04 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/15/2008
DESTRUCT DATE
PERMANENT
DOCUMENT NO
13
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8 a.m. to 5 p.m. (excluding federal holidays) and additional hours as approved by the City <br />Engineer. <br />3. Extensions. The completion date shall be extended, for a reasonable amount of <br />time, due to events such as weather, acts of God, strikes, material shortages, labor disputes, <br />lockouts, riots, acts of war, epidemics, governmental regulations, fire, earthquakes or other event <br />beyond the control of Austin as maybe determined in the reasonable judgment of the City <br />Engineer. <br />4. Reimbursement. City shall reimburse Austin for the Improvements actually <br />constructed for the Alviso Adobe project. Austin specifically acknowledges that regardless of <br />the actual cost of the Improvements, the City's obligation to reimburse Austin for the <br />Improvements, including design, construction support, the general contractor's charges, <br />consultant services, change orders, public utility processing and inspection fees, insurance, <br />project management costs as set forth in the estimate, and business license fees, shall not exceed <br />$305,109.91, except as noted below. <br />a. Change Orders. Austin shall submit to the City for review and approval <br />any change orders related to discovered conditions, changes to materials, and any <br />changes required by the City. Change Orders shall be approved by the City prior <br />to commencement of work. If any change order causes an increase or decrease in <br />the contract price, City and Austin shall adjust the reimbursement amount by a <br />fair and reasonable valuation based upon the actual cost of labor and materials. <br />Method of Reimbursement. <br />a. In order to initiate the reimbursement process, Austin shall submit to the <br />City review a request for reimbursement by no later than the fifteenth (15t") day <br />of each month. The request for reimbursement shall include a listing of the <br />amount and value of the Improvements actually constructed by Westbrook, <br />including labor and material lien releases: or a description of the consultant <br />services provided and the cost thereof and copies of verified invoices. <br />b. Before the twentieth (20`") day each month the City Engineer shall review <br />any submitted requests for reimbursement for the purpose of confirming, through <br />the exercise of reasonable discretion, that the request(s) includes the above <br />described materials and shall advise Austin of the City Engineer's determination <br />immediately. After the City Engineer determines that a request is complete, the <br />City shall make such reimbursement payment, in the amount of the particular <br />request, to Austin by the tenth (10~") day of the following month, or the next <br />Friday on which the City's Finance Department writes checks. <br />c. If the City Engineer, after conducting its review of any reimbursement <br />request, reasonably determines that the request is incomplete; he will immediately <br />provide Austin and Westbrook with a detailed description of the deficiency, and <br />the parties will work cooperatively and in good faith to supply any information <br />
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