2003-106 - Laserfiche WebLink

Home Browse Search

guarantees, Bonds, certificates or other evidence of confirms, OWNER shall, upon receipt of CONTRACTOR's final insurance certificates of inspection, marked up record Application for Payment and recommendation of ENGINEER, documents (as provided in paragraph 6. 12), and other and without terminating the Agreement, make payment of the documents, CONTRACTOR may make application for balance due for that portion of the Work fully completed and final payment following the procedure for progress accepted. If the remaining balance to be held by OWNER for payments. Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished 2.The final Application for Payment shall be as required in paragraph 5.01 , the written consent of the surety accompanied (except as previously delivered) by: (i) all to the payment of the balance due for that portion of the Work documentation called for in the Contract Documents, fully completed and accepted shall be submitted by including but not limited to the evidence of insurance CONTRACTOR to ENGINEER with the Application for such required by subparagraph 5.04. 6.7; (ii) consent of the payment. Such payment shall be made under the terms and surety, if any, to final payment; and (iii) complete and conditions governing final payment, except that it shall not legally effective releases or waivers (satisfactory to constitute a waiver of Claims. OWNER) of all Lien rights arising out of or Liens filed in 14.09 Waiver of Claims connection with the Work. 3. In lieu of the releases or waivers of Liens A. The making and acceptance of final payment will specified in paragraph 14.07.A.2 and as approved by constitute: OWNER, CONTRACTOR may fumish receipts or 1 . a waiver of all Claims by OWNER against releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and inspection pursuant to paragraph 14.06, from failure to other indebtedness connected with the Work for which comply with the Contract Documents or the terms of OWNER or OWNER's property might in any way be any special guarantees specified therein, or from responsible have been paid or otherwise satisfied. If CONTRACTOR's continuing obligations under the any Subcontractor or Supplier fails to furnish such a Contract Documents; and release or receipt in full, CONTRACTOR may furnish a 2. a waiver of all Claims by CONTRACTOR against ' Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. OWNER other than those previously made in writing which are still unsettled. B. Review of Application and Acceptance 1 . If, on the basis of ENGINEER's observation of ARTICLE 15 - SUSPENSION OF WORK AND the Work during construction and final inspection, and TERMINATION ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the 15.01 OWNER May Suspend Work Work has been completed and CONTRACTOR's other A. At any time and without cause, OWNER may suspend obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the Work or any portion thereof for a period of not more than 90 the final Application for Payment, indicate in writing consecutive days by notice in writing to CONTRACTOR and ENGINEER's recommendation of payment and present ENGINEER which will fix the date on which Work will be the Application for Payment to OWNER for payment. At resumed. CONTRACTOR shall resume the Work on the date the same time ENGINEER will also give written notice so fixed. CONTRACTOR shall be allowed an adjustment in the to OWNER and CONTRACTOR that the Work is Contract Price or an extension of the Contract Times, or both, acceptable subject to the provisions of paragraph 14.09. directly attributable to any such suspension if CONTRACTOR Otherwise, ENGINEER will return the Application for makes a Claim therefore as provided in paragraph 10.05. Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in 15.02 OWNER May Terminate for Cause which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. A. The occurrence of any one or more of the following events will justify termination for cause: C. Payment Becomes Due 1 . CONTRACTOR's persistent failure to perform 1 .Thirty days after the presentation to OWNER of the Work in accordance with the Contract Documents the Application for Payment and accompanying (including, but not limited to, failure to supply sufficient documentation , the amount recommended by skilled workers or suitable materials or equipment or ENGINEER will become due and, when due, will be under to graph 2.07 adto the justed scheduless time to tshed ime paid by OWNER to CONTRACTOR. pursuant to paragraph 6.04); 14.08 Final Completion Delayed 2. CONTRACTOR's disregard of Laws or A. If, through no fault of CONTRACTOR, final completion Regulations of any public body having jurisdiction; of the Work is significantly delayed, and if ENGINEER so 00700 - 33 _