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2022-052
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Last modified
4/7/2022 12:49:10 PM
Creation date
4/7/2022 12:30:08 PM
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Official Documents
Official Document Type
Contract
Approved Date
03/15/2022
Control Number
2022-052
Agenda Item Number
8.F.
Entity Name
De La Hoz Builders, Inc.
Subject
Contract for Jackie Robinson Training Complex Ticket Office Building Renovations
Project Number
IRC-2020
Bid Number
2022026
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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 />parties that might entitle CONTRACTOR to be <br />paid additionally by OWNER or entitle OWNER <br />to withhold payment to CONTRACTOR. <br />4. Neither ENGINEER's review of <br />CONTRACTOR's Work for the purposes of <br />recommending payments nor ENGINEER's <br />recommendation of any payment, including final <br />payment, will impose responsibility on <br />ENGINEER to supervise, direct, or control the <br />Work or for the means, methods, techniques, <br />sequences, or procedures of construction, or <br />the safety precautions and programs incident <br />thereto, or for CONTRACTOR's failure to <br />comply with Laws and Regulations applicable to <br />CONTRACTOR's performance of the Work. <br />Additionally, said review or recommendation will <br />not impose responsibility on ENGINEER to <br />make any examination to ascertain how or for <br />what purposes CONTRACTOR has used the <br />moneys paid on account of the Contract Price, <br />or to determine that title to any of the Work, <br />materials, or equipment has passed to <br />OWNER free and clear of any Liens. <br />5. ENGINEER may refuse to recom- <br />mend the whole or any part of any payment if, <br />in ENGINEER's opinion, it would be incorrect to <br />make the representations to OWNER referred <br />to in paragraph 14.02.13.2. ENGINEER may <br />also refuse to recommend any such payment <br />or, because of subsequently discovered <br />evidence or the results of subsequent <br />inspections or tests, revise or revoke any such <br />payment recommendation previously made, to <br />such extent as may be necessary in <br />ENGINEER's opinion to protect OWNER from <br />loss because: <br />a. the Work is defective, or completed <br />Work has been damaged, requiring <br />correction or replacement; <br />b. the Contract Price has been reduced <br />by Written Amendment or Change Orders; <br />c. OWNER has been required to correct <br />defective Work or complete Work in accor- <br />dance with paragraph 13.09; or <br />C. Payment Becomes Due <br />D. Reduction in Payment <br />1. OWNER may refuse to make <br />payment of the full amount recommended by <br />ENGINEER because: <br />a. claims have been made against <br />OWNER on account of CONTRACTOR's <br />performance or furnishing of the Work; <br />b. Liens have been filed in connection <br />with the Work, except where <br />CONTRACTOR has delivered a specific <br />Bond satisfactory to OWNER to secure the <br />satisfaction and discharge of such Liens; <br />c. there are other items entitling OWN- <br />ER to a set-off against the amount <br />recommended; or <br />d. OWNER has actual knowledge of the <br />occurrence of any of the events enumerated <br />in paragraphs 14.02.B.5.a through <br />14.02.B.5.c or paragraph 15.02.A. <br />2. If OWNER refuses to make payment <br />of the full amount recommended by <br />ENGINEER, OWNER must give <br />CONTRACTOR immediate written notice (with <br />a copy to ENGINEER) stating the reasons for <br />such action and promptly pay CONTRACTOR <br />any amount remaining after deduction of the <br />amount so withheld. OWNER shall promptly <br />pay CONTRACTOR the amount so withheld, or <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />corrects to OWNER's satisfaction the reasons <br />for such action. <br />3. If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.C.1. <br />00700 - General Conditions <br />00700-39 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\2020 JRTC Ticket Office P,enovations\1-Admin\Bids\8id Documents\Rebid\00700 - General Condidons.doc <br />
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