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2007/10/17 Council Agenda Packet
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2007/10/17 Council Agenda Packet
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Council Agenda Packet
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10/17/2007
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1 ti comments on the aspects of the deliverable which the Agencies do not <br /> regard as satisfactorily completed in accordance with the Contract <br /> requirements. The Contractor shall continue to modify and submit the <br /> deliverable within five (5) days after receiving Agency comments until the <br /> deliverable has been satisfactorily completed in accordance with the <br /> Contract requirements, at which point the Contract Administrator shall <br /> issue a NAC. <br /> e. If the parties disagree as to whether a deliverable has been <br /> satisfactorily completed in accordance with the Contract requirements, the <br /> Contractor may submit the issue to the Dispute Review Board in <br /> accordance with Section 3.1-34 of this Contract. <br /> f. If the Contractor is not issued a NAC for a deliverable by the date <br /> specified for completion in the approved Baseline Project Schedule, the <br /> Agencies, in addition to any other remedies, may withhold up to 50% of <br /> any project management and other payments due for any Work, with no <br /> interest accruing thereon, until the deliverable has been satisfactorily <br /> completed in accordance with the Contract requirements, at which point a <br /> NAC shall be issued for the deliverable. <br /> 4.0 Payment Procedures <br /> 4.1 Section 3.1-76.3.1, "Payment Caps," is amended to read as follows: <br /> 76.3.1 Payment Caps <br /> Notwithstanding any other provisions of this Contract except Section 3.1-76.3.9 below, the <br /> total of all payments made to the Contractor, including but not limited to the Project <br /> Management and Performance Security payments , shall be limited as follows: <br /> a. From the Notice to Proceed through the Beta Test Acceptance Milestone Payment, <br /> the Agencies shall pay no more than 55% of the total of all payments due under the <br /> Contract through Full System Acceptance. <br /> b. Once the 55% cap is reached, the Agencies shall pay no more until the successful <br /> achievement of the"Completion of Complete System Commissioning" Milestone for all <br /> the Agencies' equipment, in accordance with Section 6.11-11.4.5 and Change Order 26, <br /> Section 3.0. Once that Project Milestone is reached, payments otherwise due shall be <br /> made but no more than 65% of the total of all payments due under the Contact through <br /> Full System Acceptance (except monthly operating fees under Section 76.3.9) shall be <br /> paid prior to Full System Acceptance. <br /> CCA#3-Attachment A 7 <br />
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