8862-16 Accept $400,000 from ODOT for encapsulation of sewer line

Home Browse Search

shall certify that the construction Is In accordance with the approved plans, surveys, profiles, cross sections and material specifications or approved amendments thereto. 6.3 The LPA shall review and /or approve all Invoices prior to payment and prior to requesting reimbursement from ODOT for work performed on the PROJECT. The LPA shall ensure the accuracy of any invoice In both amount and In relation to the progress made on the PROJECT, 'file LPA must submit to ODOT a written request for either current payment or reimbursement of the State share of the expenses Involved, attaching copies of all source documentation associated with pending Invoices or paid costs. To assure prompt payment, the measurement of quantities and the recording for payment should be performed on a daily basis as the Verna of work are completed and accepted. 6.4 ODOT shall pay, or reimburse, the LPA or, at the request of the LPA and with concurrence of ODOT, pay directly to the LPA's construction Contractor ( "Contractor "), the eligible items of expense in accordance with the cost sharing provisions of this Agreement. If the LPA elects to have the Contractor paid directly, Attachment 2 to this Agreement shall be completed and submitted with the project bid tabulations and the Contractor shall be required to establish Electronic Funds Transfer with (tie State of Ohio. ODOT shall pay the Contractor or reimburse the LPA within thirty (30) days of receipt of the approved contractor's invoice from the LPA. 0.6 The LPA shall notify ODOT of the filing of any mechanic's liens against the LPA's Contractor within three (3) business days of receipt of notice of lien. Failure to so notify ODOT or failure to process a mechanic's Ilan In accordance with the provisions of Chapter 1311 of the Ohio Revised Code may result In the termination of this Agreement. Upon the receipt of notice of a mechanic's lien, ODOT reserves the right to (1) withhold an amount of money equal to the amount of the lien that may be due and owing to either the LPA or the Contractor; (2) terminate direct payment to the affected Contractor; or (3) take both actions, until such time as the lien Is resolved. 0.6 Payment or reimbursement to the LPA shall be submitted to; Mayor Michael P. Summers City of Lakewood 12660 Detroit Avenue Lakewood, Ohio 44107 8,7 If, for any reason, the LPA contemplates suspending or terminating the contract of the Contractor, It shall first seat( ODOT's written approval. Failure to timely notify ODOT of any contemplated suspension or termination, or failure to obtain written approval from ODOT prior to suspension or termination, may result in ODOT terminating this Agreement and ceasing all slate funding commitments. 8,0 If ODOT approves any suspension or termination of the contract, ODOT reserves the right to amend Its funding commitment in paragraph 3.1 and If necessary, unilaterally modify any other term of this Agreement. Upon request, the LPA agrees to assign all rights, title, and Interests in Its contract with the Contractor to ODOT in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity. 8.9 Any right, claim, interest, and /or right of action, whether contingent or vested, of the LPA, arising out of or related to any contract entered Into by the LPA for the work to be performed by the Contractor on this PROJECT, may be subrogated to ODOT, and ODOT shall have all of the LPA's rights in and to the Claim and against any other person(s) or entity(les) against which such subrogation rights may be enforced. The LPA shall Immediately notify ODOT in writing of any Claim. The LPA further authorizes ODOT to sue, compromise, or settle any such Claim. It is the Intent of the parties that ODOT be fully substituted for the LPA and subrogated to all of the LPA's rights to recover under such Claim(s). The LPA agrees to cooperate with reasonable requests from ODOT for assistance In pursuing any action on the subrogated Clain including requests for Information and /or documents and /or to testify.