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2006-144 Resolution
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2006-144 Resolution
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1/13/2014 3:52:27 PM
Creation date
1/10/2014 9:32:35 AM
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North Olmsted Legislation
Legislation Number
2006-144
Legislation Date
8/15/2006
Year
2006
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, <br />8.2 The LPA shall certify both the quantity and quality of material used, the quality of the work <br />performed, and the amount of construction engineering cost, when applicabie, incurred by the <br />LPA for the eligible work on the PROJECT, as well as at the completion of construction. The LPA <br />shall certify that the construction is in accordance with the approved plans, surveys, profiles, <br />cross sections and material specifications or approved amendments thereto. <br />8.3 The LPA shall review and/or approve all invoices prior to payment and before requesting <br />reimbursement by ODOT for work performed on the PROJECT and shall ensure their accuracy in <br />both amount and in relation to the progress made on the PROJECT. The LPA may periodically submit <br />to ODOT a written request for either current payment or reimbursement of the State share of the <br />expenses involved, attaching copies of all source documentation associated with pending invoices or <br />paid costs. To assure prompt payment, the measurement of quantities and the recording for payment <br />should be performed on a daily basis as the items of work are completed and accepted. <br />8.4 ODOT shall pay, or reimburse, the LPA or, at the request of the LPA and with concurrence of <br />ODOT, pay directly to the LPA's construction Contractor ("Contractor"), the eligible items of <br />expense in accordance with the cost sharing provisions of this Agreement. If the LPA elects to <br />have the Contractor paid directly, Attachment 2 to this Agreement shall be completed and <br />submitted with the project bid tabulations and the Contractor shall be required to establish <br />Electronic Funds Transfer with the State of Ohio. ODOT shall pay the Contractor or reimburse <br />the LPA within thirty (30) days of receipt of the approved contractor's invoice from the LPA. <br />8.5 The LPA shall notify ODOT of the filing of any mechanic's liens against the LPA's contractor <br />within three (3) business days of receipt of notice of lien. Failure to so notify ODOT or failure to <br />process a mechanic's lien in accordance with the provisions of Chapter 1311 of the Ohio Revised <br />Code may result in the termination of this Agreement. Upon the receipt of notice of a mechanic's <br />lien, ODOT reserves the right to (1) withhold an amount of money equal to the amount of the lien <br />that may be due and owing to either the LPA or the Contractor; (2) terminate direct payment to <br />the affected Contractor; or (3) take both actions, until such time as the lien is resolved. <br />8.6 Payment or reimbursement to the LPA shall be submitted to: <br />Ohio Department of Transportation, District 12 <br />5500 Transportation Boulevard <br />Gafield Heights, Ohio 44125 <br />Attention: Randall S. Over, District Construction Engineer <br />Phone: (216) 584-2150 <br />8.7 After completion of the PROJECT and in accordance with applicable provisions of the Ohio <br />Revised Code, the LPA shall maintain the PROJECT to design standards and provide adequate <br />maintenance activities for the PROJECT, unless otherwise agreed. If the PROJECT is not being <br />adequately maintained, ODOT shatl notify the LPA of any deficiencies and if the maintenance <br />deficiencies are not corrected within a reasonable amount of time, ODOT may determine that the <br />LPA is no longer eligible for future participation in any State-funded programs. <br />9. CERTIFICATION AND RECAPTURE OF FUNDS <br />9.1 This Agreement is subject to the determination by ODOT that sufficient funds have been <br />appropriated by the Ohio General Assembly to the State for the purpose of this Agreement and to <br />the cert'rfication of funds by the Office of Budget and Management, as required by Ohio Revised <br />Code section 126.07. If ODOT determines that sufficient funds have not been appropriated for the <br />purpose of this Agreement or if the Office of Budget and Management fails to certify the availability <br />of funds, this Agreement or any renewal thereof will terminate on the date funding expires.
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