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1999-245
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1999-245
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Last modified
11/16/2023 3:30:34 PM
Creation date
11/16/2023 3:22:31 PM
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Template:
Official Documents
Official Document Type
Contract
Approved Date
09/21/1999
Control Number
1999-245
Entity Name
Sheltra & Son Construction
Subject
Contract and Bid Award for Shooting Range Site Work
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4D <br />shall allow OWNER, access to the site as may be necessary to enable OWNER to <br />exercise the rights and remedies under this paragraph. All direct, indirect and <br />consequential costs of OWNER in exercising such rights and remedies will be charged <br />against CONTRACTOR in are amount approved as to reasonableness by ENGINEER, and <br />a Change Order will be issued incorporating the necessary revisions in the Contract <br />Documents with respect to the Work; and OWNER shall be entitled to an appropriate <br />decrease in the Contract Price, and, if the parties are unable to agree as to the amount <br />thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect <br />and consequential costs will include but not be limited to fees and charges of engineers, <br />architects, attorneys and other professionals, all count and arbitration costs and all costs <br />of repair and replacement of work of others destroyed or darnaged by correction, removal <br />or replacement of CONTRACTOR's dofecfive Work, CONTRACTOR shall not be allowed <br />an extension of the Contract Time because of any delay in performance of the Work <br />attributable to the e.tercise by OWNER of OWNER's rights and remedies hereunder. <br />Schedule of Values: <br />14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis <br />for progress payments and will be incorporated into a form of Application for Payment <br />acceptable to ENGINEER. Progros5 payments on account of Unii Price Work MI be <br />based on the number of units completed. <br />Application for Progress payment: <br />14.2 At least twenty (20) days before each progress payment is scheduled (but not more often <br />than once a month), CONTRACTOR small submit to ENGINEER for review an Application <br />for Payment filled out and signed by CONTRACTOR covering the Work 17.omploted as of <br />the date of the Application and accompanied by such supporting documentation as is <br />required by the Contract Documents, It payment is requested on the basis of materials <br />and equipment not incorporated in the Work but delivered and suitably stored at the site <br />or at another location agreed to in writing, the Application for Payment shall also be <br />accompanied by a bill of sale, invoice or other documentation warranting the OWNER has <br />received the materials and equipment free and clear of all liens, charges, security interests <br />and encumbrances (which are hereinafter in these General Conditions referred to as <br />"Liens") and evidence that the materials and equipment are covered by appropriate <br />property insurance and other arrangements to protect OWNER's interest therein, all of <br />which will be satisfactory to OWNER. The amount of retainage with respect to progress <br />payments will be as stipulated in the Agreement. <br />CONTRACTOR's Warranty at Title: <br />'14.3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment <br />covered by any Application for Payment, whether incorporated in the Project or not, will <br />pass to OWNER no later than the time of payment, free and clear of all Liens. <br />Review of Applications for Progress payment:. <br />14.41 ENGINEER will, within tan (10) days after receipt of each application for Payment, either <br />indicate in writing a recommendation of payment and present the Application to OWNER, <br />or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for <br />GENERAL CONDITIONS <br />GG e 32 <br />4- <br />
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