2007-403 - Laserfiche WebLink

Home Browse Search

tees, Bonds, certificates or other evidence of insurance CONTRACTOR's final Application for Payment and certificates of inspection , marked-up record documents recommendation of ENGINEER, and without terminating the (as provided in paragraph 6.12), and other documents, Agreement, make payment of the balance due for that portion of CONTRACTOR may make application for final payment the Work fully completed and accepted . If the remaining following the procedure for progress payments. balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, 2. The final Application for Payment shall be and if Bonds have been furnished as required in paragraph accompanied (except as previously delivered) by: (i) all 5.01 , the written consent of the surety to the payment of the documentation called for in the Contract Documents, balance due for that portion of the Work fully completed and including but not limited to the evidence of insurance accepted shall be submitted by CONTRACTOR to ENGINEER required by subparagraph 5.04.6 .7; (ii) consent of the with the Application for such payment. Such payment shall be surety, if any, to final payment; and (iii) complete and made under the terms and conditions governing final payment, legally effective releases or waivers (satisfactory to except that it shall not constitute a waiver of Claims. OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 14 .09 Waiver of Claims 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 furnish receipts or releases in full and an affidavit of CONTRACTOR that: t .a waiver of all Claims by OWNER against (i) the releases and receipts include all labor, services, CONTRACTOR, except Claims arising from unsettled material, and equipment for which a Lien could be filed; Liens, from defective Work appearing after final 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 any OWNER or OWNER's property might in any way be 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 Bond or other collateral satisfactory to OWNER to 2.a waiver of all Claims by CONTRACTOR against 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 obligations under the Contract Documents have been A. At any time and without cause , OWNER may suspend 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 docu- (including, but not limited to, failure to supply sufficient mentation, the amount recommended by ENGINEER skilled workers or suitable materials or equipment or will become due and, when due, will be paid by OWN- failure to adhere to the progress schedule established ER to CONTRACTOR. under paragraph 2 :07 as adjusted from time to time pursuant to paragraph 6 .04); 14 .08 Final Completion Delayed 2. CONTRACTOR'S disregard of Laws or Regula- A. If, through no fault of CONTRACTOR, final tions of any public body having jurisdiction; completion of the Work is significantly delayed , and if ENGINEER so confirms, OWNER shall, upon receipt of 00700 General Conditions (E1CDC).doc 00700 - 33 J N07-029 12 Inch W M - vem lake Convact Spmification900700 General Conditions WCDC).doc