1999-245 - Laserfiche WebLink

Home Browse Search

legaliy effectivo releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. to lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in frill; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and +egOi pment for wt?ich a Lion could be filed, and that all payrolls, material and equipment bilis, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwlse satisfied; and consent of the .surety, if any, to final payment. if any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's re%der: of the final Application for Payment and accompanying documentation -all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER's rocornmendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Apptication to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shalt rnake the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to I,. CONTRACTOR. 14.14 if, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. 1. the written consent of the surety to the payment of the balance due for that portion of the Work fully competed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of arty progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under tl:n Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNE=R nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of rdefecfrve Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of GENERAL CONDITIONS GC - 36