Reso 2010-1605 - Laserfiche WebLink

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correction or removal of Work which is not in accordance with the requirements of the Contract Documents, 9.2.6 The removal and repair of defective work does not constitute a right to claim by the Contractor for a time extension to the Contract. Contractor shall repair and replace defective Work at Contractor's sole expense. 9.3 Acceptance of Nonconforming Work 9.3.1 The City may accept Work which is not in accordance with the Contract Documents, instead of requiring its removal and correction, in its sole discretion. In such case the Contract Amount will be adjusted as appropriate and equitable. Such adjustment shall be made whether or not final payment has been made. Nothing contained herein shall impose any obligation upon the City to accept nonconforming or defective Work. PROVISION 10 T AX EXEMPTION PURCHASES AND PROCEDURES 10.1 Notwithstanding anything in the Contract Documents to the contrary, the City shall directly purchase all materials and equipment identified in the Contract Documents as required for incorporation into the Project ("City-Provided Materials"). The City does hereby grant to the Contractor the full authority as an agent of the City to prepare, place and execute Purchase Orders for and in the name of the City for all City-Provided Materials. The Contractor as agent of the City shall sign such Purchase Orders. 10.2 The City will be liable for the timely payment for all City-Provided Materials. The Contractor will submit requisitions for orders of City-Provided materials to the City for approval when required. Vendors will render statements ("0PM Invoices") to the City for any City-Provided Materials purchased. The City will provide copies of all OPM Invoices to the Contractor upon approval by the City. After reviewing the OPM Invoices, the Contractor will return these OPM Invoices with proper back up to the City for payment. The City shall make payment directly to the respective vendors as provided in the OPM Invoices. The City will send such vendor payments along with Contractor payment to the Contractor who will, as City's agent, distribute such vendor payments to the respective vendors in return for Releases of Lien. The City will provide Contractor with any tax exemption certificates or other documents required or useful to provide to the vendors of City-Provided Materials to evidence the tax-exempt status of the City. 10.3 The Contract Amount and GMP shall be reduced by the sum of all Costs of the Work paid by the City for City-Provided Materials plus any applicable sales and use tax amounts initially included in the Contract Amount and GMP for such City- Provided Materials. 10.4 The Contractor shall maintain separate accounting records for all transactions carried out under the authority of this Agreement. Such records shall be open to the City during normal business hours of the Contractor. '1 33