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Addendum No. 3
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RFP No. 11-10-01 Design and Construction of Canopy at Heritage
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Addendum No. 3
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<br />Contractor remains solely responsible for all costs as:iociated -with replacement of the <br />affected materials, supplies and equipment including labor and illcidental costs, and shall <br />have no claim against the City for such loss. . <br /> <br />7.4.3 All applications for payment MUST be made on a standard AlA payment application form <br />acceptable to the City Representative and must contain the PO number and other project <br />information. All payment applications must include Ortginal releases of Liens from all <br />suppliers, materialmen, subcontractors, and the Prime Contractor. Applications will not <br />be processed without all pertinent back-up documentation as required by the City's <br />Representative."" <br /> <br />7.5 Decisions to Withhold Approval <br /> <br />7.5.1 The City's Representative may decide not to certify payment and may withhold approval <br />in whole or in part, to the extent reasonably necessary to protect the City. If the City's <br />Representative is unable to approve payment in the amount of the Application, the City's <br />Representative will notify the Contractor. If the Contractor and City's Representative <br />cannot agree on a revised amount, the City's Representative will promptly issue approval <br />for payment for the amount for which the City's Representative is able to determine is <br />due Contractor. The City's Representative may also decide not to approve payment or, <br />because of subsequently discovered evidence or subsequent observations, may nullify <br />the whole or a part of approval for payment previously issued, to such extent as may be <br />necessary in the City's Representative opinion to protect the City from loss because of: <br /> <br />. Defective Work not remedied or damage to completed Work; <br />. Failure to supply sufficient skilled workers or suitable materials; <br />. Third party claims filed or reasonable evidence indicating probable filing of such <br />claims; .:. <br />. Failure of the Contractor to make payments properly to Subcontractors or for <br />labor, materials or equipment; <br />. Reasonable evidence that the Work cannot be completed for the unpaid balance <br />of the Contract Sum; " <br />. Damage to the City or another contractor; <br />. Reasonable evidence that the Work will not be completed within the Contract <br />Time or an unsatisfactory rate of progress made by Contractor; <br />. Contractor's failure to comply with applicab;d Rules;' regulations, Statutes, <br />Ordinances, standards; <br />. Contractor's or Subcontractor's failure to compl,)l with contract Prevailing Wage <br />requirements; or <br />. Contractor's failure to carry out the Work in strict accordance with the Contract <br />Documents. - . <br />. Incomplete payment application. <br /> <br />7.5.2 When the above reasons for withholding approval are removed, approval will be made for <br />amounts previously withheld. <br /> <br />7.6 Failure of Payment <br /> <br />7.6.1 If the City is entitled to reimbursement or payment from the Contractor under or pursuant <br />to the Contract Documents, such payment by Contractor shall be made promptly upon <br />demand by the City. Notwithstanding anything contained in the Contract Documents to <br />the contrary, if the Contractor fails to promptly make a..-ry payment due the City, or the <br />City incurs any costs and expenses to cure any default,of tbe Contractor or to correct <br />defective Work, the City shall have an absolute right tc,'-offset such amount against the <br />Contract Sum and may, in the City's sole discretion, elect either to: (1) deduct an amount <br /> <br />26 <br />
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