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BOC Files (Folders 1-3)
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CS_Courthouse Square
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Last modified
9/19/2012 4:07:50 PM
Creation date
8/2/2011 3:23:53 PM
Metadata
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Template:
Building
RecordID
10068
Title
BOC Files (Folders 1-3)
Company
Marion County
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Project Coordination
Project ID
CS9801 Courthouse Square Construction
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change orders and any change (increase or decrease) in Guaranteed Construction Price <br />resulting from such change orders. <br />If the ro ect oor mators etermines that any change in the <br />Guaranteed Construction rice resu tmg from an approved change order is not appropriately <br />charged (in the case of an increase) or credited (in the case of a decrease)- to a Party in <br />accordance with its Res tive Shares, then such change shall be charged or credited to the <br />Party or Parties the ro ect oor mators etermine~ should appropriately <br />be charged or credited therewith. The ro ect oor mators hall provide <br />that the amount of such change shall e c arge or cre ited to the appropriate Party or <br />Parties in one of the following ways: (A) by causing the amount of such change (in the case <br />of an increase) to be directly billed to such Party or Parties in connection with a demand for <br />funding of the Disbursement Account; (B) by causing the amount of such change (in the case <br />of a decrease) to be credited against such Party's or Parties' obligation to fund the <br />Disbursement Account together with a corresponding increase in the other Party's or Parties' <br />obligation to fund the Disbursement Account; or (C) in such other manner as is determined <br />to be appropriate by the Review Committee. The ro ect oor mators <br />shall notify all Parties in writing of any action taken pursuant to t is pazagraph. <br />(v) Disbursement Accoun~ The ro ect oor matocs hall establish and <br />hold for administration a dis ursement account ("Disbursement Account"). The <br />Disbursement Account shali be established under an appropriate fund account, as described <br />in OAR 150-294.352(2), by the Transit District as paying agent. The Disbursement Account <br />shall be established so that checks drawn against such account and any other withdrawals must <br />be approved in writin b the Authorized Disbursement Officers. The Project Manager shall <br />present to the o ect oor inators Progress Payment Request detailing <br />such Project Costs an o er amounts as may be due and owing for services, work, materials <br />or labor in connection with the Project. The Project Manager shall present requests for <br />Project Manager's Compensation separately from other Progress Payment Requests. The <br />Pro~ect oor inators hall review and approve or disapprove each Progress <br />Pa ment Re uest within ten (10) business days from the receipt thereof. If the Pro ect <br />Coordinators isapproves of a Progress Payment Request or any item <br />mcluded therem, it shall notify the Project Mana er in writin of such disapproval, specifying <br />the reasons therefor. To the extent the Pro ect oor inators approve~ a <br />Progress Payment Request or any items include therem, it s all prepare and deliver to the <br />County and the Transit District a Disbursement Account Funding Request. Within two (2) <br />business days from the date of each Disbursement Account Funding Request, the County and <br />the Transit District shall each deposit, or cause to be deposited, into the Disbursement <br />Account immediately available funds in the respective amounts specified in such <br />Disbursement Account Fundin Request. Upon receipt of such funds in the Disbursement <br />Account, the ro ect oor inators hall disburse the same to the person(s) <br />to whom suc ro~ect osts an other amounts as may be due and owing for services, work, <br />materials or labor in connection with the Project in a prompt manner so that the disbursement <br />will comply with applicable FTA requirements and pernuts the Transit District to draw down <br />funds under its FTA grant. The Project Manager will be responsible for obtaining all <br />affidavits, releases and waivers of lien from the General Contractor and all subcontractors in <br />connection with the payment of any Project Costs, and to that end the ro ect <br />oor inators shall coordinate with the Project Manager its payments rom <br />t e Dis ursement Account. <br />Courthouse Square <br />Development Agreement <br />Page - 12 <br />
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