Steel Products. This Agreement shall be subject to all provisions of the "Steel Products Procurement Act" (30 ILCS 565/1, et seq.), as amended. Accordingly, steel products used or supplied in the performance of this Agreement or any subcontract thereto shall be manufactured or produced in the United States. For purposes of the Steel Products Procurement Act, "United States" means the United States of America and any place subject to the jurisdiction thereof, and "steel products" means products rolled, forced, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed or processed by a combination of two or more such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel-making processes. Notwithstanding the above, the provisions of the Steel Products Procurement Act shall not apply in the event that Contractor notifies the Authority and Owner in writing that procuring steel products in accordance with the Steel Products Procurement Act will increase the Guaranteed Maximum Price by 10%. Knowing violation of this Section may result in the filing and prosecution of a complaint by the Attorney General of the State and shall subject the violators to a fine of the greater of Five Thousand Dollars ($5,000) or the payment price received (as set forth in the Steel Products Procurement Act) as a result of such violation. Subcontractors' Mechanic's Liens. If any Subcontractors, suppliers, employees or any other persons directly or indirectly acting for, through or under any of the foregoing parties files or maintains a mechanics’ or materialmen’s lien (a “Mechanics’ Lien”) against monies due or to become due under this Contract, the Authority shall withhold from any subsequent payments due to Contractor hereunder the amount claimed to be owing to such Subcontractors, suppliers, employees or other persons until such time as the Contractor has obtained a release, in form and substance reasonably satisfactory to the Authority, of such claims from the applicable Subcontractors, suppliers, employees or other persons. Notwithstanding the foregoing, the Authority shall not withhold from payments due the Contractor any amounts subject to a Mechanics’ Lien if the Contractor (a) is in good faith and with due diligence contesting such Mechanics’ Lien, (b) posts a bond or other security reasonably satisfactory to the Authority (and demonstrates to the Authority’s satisfaction that any such bond or other security is legally permitted and has been authorized by the Mechanic’s Lien claimant), and (c) indemnifies, defends and protects fully the Authority against loss to the Authority by reason of such Mechanics’ Lien.
Appears in 9 contracts
Samples: Rapid Response Construction Services, Rapid Response Construction Services, Rapid Response Construction Services
Steel Products. This Agreement shall be subject to all provisions of the "Steel Products Procurement Act" (30 ILCS 565/1, et seq.), as amended. Accordingly, steel products used or supplied in the performance of this Agreement or any subcontract thereto shall be manufactured or produced in the United States. For purposes of the Steel Products Procurement Act, "United States" means the United States of America and any place subject to the jurisdiction thereof, and "steel products" means products rolled, forced, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed or processed by a combination of two or more such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel-making processes. Notwithstanding the above, the provisions of the Steel Products Procurement Act shall not apply in the event that Contractor notifies the Authority and Owner in writing that procuring steel products in accordance with the Steel Products Procurement Act will increase the Guaranteed Maximum Lump Sum Price by 10%. Knowing violation of this Section may result in the filing and prosecution of a complaint by the Attorney General of the State and shall subject the violators to a fine of the greater of Five Thousand Dollars ($5,000) or the payment price received (as set forth in the Steel Products Procurement Act) as a result of such violation. Subcontractors' Mechanic's Liens. If any Subcontractors, suppliers, employees or any other persons directly or indirectly acting for, through or under any of the foregoing parties files or maintains a mechanics’ or materialmen’s lien (a “Mechanics’ Lien”) against monies due or to become due under this Contract, the Authority shall withhold from any subsequent payments due to Contractor hereunder the amount claimed to be owing to such Subcontractors, suppliers, employees or other persons until such time as the Contractor has obtained a release, in form and substance reasonably satisfactory to the Authority, of such claims from the applicable Subcontractors, suppliers, employees or other persons. Notwithstanding the foregoing, the Authority shall not withhold from payments due the Contractor any amounts subject to a Mechanics’ Lien if the Contractor (a) is in good faith and with due diligence contesting such Mechanics’ Lien, (b) posts a bond or other security reasonably satisfactory to the Authority (and demonstrates to the Authority’s satisfaction that any such bond or other security is legally permitted and has been authorized by the Mechanic’s Lien claimant), and (c) indemnifies, defends and protects fully the Authority against loss to the Authority by reason of such Mechanics’ Lien.
Appears in 3 contracts
Samples: Metropolitan Pier and Exposition Authority, Metropolitan Pier and Exposition Authority, Metropolitan Pier and Exposition Authority