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2014-122A
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2014-122A
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Last modified
3/13/2017 2:28:12 PM
Creation date
1/10/2017 10:00:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Correspondence
Approved Date
09/09/2014
Control Number
2014-122A
Agenda Item Number
8.U.
Entity Name
Dickerson Florida Inc.
Subject
Contract and Specifications
13th St. SW at 58th Ave. Bridge
Area
13th St. SW
Project Number
0530B
Bid Number
2014046
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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND <br />COMPLETION <br />14.01 Schedule of Values <br />A. The schedule of values established as provid- <br />ed in paragraph 2.07.A will serve as the basis for <br />progress payments and will be incorporated into a <br />form of Application for Payment acceptable to ENGI- <br />NEER. Progress payments on account of Unit Price <br />Work will be based on the number of units completed. <br />14.02 Progress Payments <br />A. Applications for Payments <br />1. At least 20 days before the date <br />established for each progress payment (but not <br />more often than once a month), <br />CONTRACTOR shall submit to ENGINEER for <br />review an Application for Payment filled out and <br />signed by CONTRACTOR covering the Work <br />completed as of the date of the Application and <br />accompanied by such supporting <br />documentation as is required by the Contract <br />Documents. If payment is requested on the <br />basis of materials and equipment not <br />incorporated in the Work but delivered and <br />suitably stored at the Site or at another location <br />agreed to in writing, the Application for Payment <br />shall also be accompanied by a bill of sale, <br />invoice, or other documentation warranting that <br />OWNER has received the materials and equip- <br />ment free and clear of all Liens and evidence <br />that the materials and equipment are covered <br />by appropriate property insurance or other <br />arrangements to protect OWNER's interest <br />therein, all of which must be satisfactory to <br />OWNER. <br />2. Beginning with the second <br />Application for Payment, each Application shall <br />include an affidavit of CONTRACTOR stating <br />that all previous progress payments received <br />on account of the Work have been applied on <br />account to discharge CONTRACTOR's <br />legitimate obligations associated with prior <br />Applications for Payment. <br />3. The amount of retainage with respect <br />to progress payments will be as stipulated in <br />the Agreement. <br />B Review of Applications <br />1. ENGINEER will, within 10 days after <br />receipt of each Application for Payment, either <br />indicate in writing a recommendation of <br />payment and present the Application to <br />OWNER or return the Application to <br />CONTRACTOR indicating in writing <br />ENGINEER's reasons for refusing to <br />recommend payment. In the latter case, CON- <br />TRACTOR may make the necessary <br />corrections and resubmit the Application. <br />2. ENGINEER's recommendation of <br />any payment requested in an Application for <br />Payment will constitute a representation by <br />ENGINEER to OWNER, based on <br />ENGINEER's observations on the Site of the <br />executed Work as an experienced and qualified <br />design professional and on ENGINEER's <br />review of the Application for Payment and the <br />accompanying data and schedules, that to the <br />best of ENGINEER's knowledge, information <br />and belief: <br />a. the Work has progressed to the point <br />indicated; <br />b the quality of the Work is generally in <br />accordance with the Contract Documents <br />(subject to an evaluation of the Work as a <br />functioning whole prior to or upon <br />Substantial Completion, to the results of any <br />subsequent tests called for in the Contract <br />Documents, to a final determination of <br />quantities and classifications for Unit Price <br />Work under paragraph 9.08, and to any <br />other qualifications stated in the <br />recommendation); and <br />c. The conditions precedent to <br />CONTRACTOR's being entitled to such <br />payment appear to have been fulfilled in so <br />far as it is ENGINEER's responsibility to <br />observe the Work. <br />3 By recommending any such <br />payment ENGINEER will not thereby be <br />deemed to have represented that: (i) inspec- <br />tions made to check the quality or the quantity <br />of the Work as it has been performed have <br />been exhaustive, extended to every aspect of <br />the Work in progress, or involved detailed <br />inspections of the Work beyond the responsi- <br />bilities specifically assigned to ENGINEER in <br />the Contract Documents; or (ii) that there may <br />not be other matters or issues between the <br />00700 - General Conditions REV 5-10-11doc <br />00700 - 39 <br />F -\Public Works\ENGINEERING DIVISION PROJECTS\05308 13th Street SW at 58th Ave Bridge\Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />
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