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2017-011 Resolution
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Last modified
8/14/2017 10:56:13 AM
Creation date
1/23/2017 2:29:52 PM
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North Olmsted Legislation
Legislation Number
2017-11
Legislation Date
1/17/2017
Year
2017
Legislation Title
Fabrizi Trucking & Paving, Inc., Contract to Remove Sediment from Springvale Pond
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SECTION 5. AMOUNT AND METHOD OF PAYMENT. <br />5.1 For services provided under Section 1. Basic Services, payment shall be made in <br />accordance with Exhibit II, Method of Payment. <br />5.2 All invoices shall be in the format requested by the CITY as referenced in Exhibit II, <br />Method of Payment. <br />5.3 The CONTRACTOR covenants and agrees to pay all persons and corporations, <br />including employees, subcontractors, materialmen, agents, and all other working in active concert <br />with such persons or corporations, who furnish materials or render services in connection with the <br />performance of this Agreement. CONTRACTOR provides for "pay when paid" provisions in its <br />contracts with its subcontractors and material suppliers such that payment to such persons and <br />corporations as referenced above are conditioned upon payment by the CITY. <br />SECTION 6. CHANGES <br />6.1 The CITY may, at any time, by written order, make changes within the general <br />scope of this Agreement in the SERVICES to be performed. <br />6.2 If CONTRACTOR believes that any requirement, direction, instruction, <br />interpretation, determination, or decision of CITY changes the work or otherwise entitles <br />CONTRACTOR to an equitable adjustment in the contract price or contract time that has not <br />been included, or fully included, in a Change Order, then CONTRACTOR shall submit to CITY <br />a written request for the issuance of, or revision of, a Change Order. Such request shall, <br />whenever feasible, be submitted before CONTRACTOR proceeds with any work for which <br />CONTRACTOR claims an equitable adjustment is due and shall, in all events, be submitted no <br />later than five (5) business days after receipt of notice of such requirement, direction, instruction, <br />interpretation, determination, or decision. Upon receipt by CITY of any such request, the parties <br />shall proceed to determine whether and to what extent an equitable adjustment in the contract <br />price is warranted. Notwithstanding the submission of any such request, CONTRACTOR shall <br />proceed without delay to perform the work as required, directed, instructed, interpreted, or <br />decided by CITY and shall, pending a final resolution of the issue, keep a daily record of such <br />work. The parties hereto shall document their understanding associated with the performance of <br />such work in the agreement of the parties that, during and/or subsequent to the performance of <br />the work, the party shall, good faith, proceed to consummate their understanding as to the <br />
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