2005-090 - Laserfiche WebLink

Home Browse Search

days written notice to CONTRACTOR, correct and remedy any by CONTRACTOR covering the Work completed as of such deficiency. the date of the Application and accompanied by such supporting documentation as is required by the Contract "W B . In exercising the rights and remedies under this Documents . If payment is requested on the basis of paragraph, OWNER shall proceed expeditiously. In connection materials and equipment not incorporated in the Work with such corrective and remedial action, OWNER may exclude but delivered and suitably stored at the Site or at CONTRACTOR from all or part of the Site, take possession of another location agreed to in writing , the Application for all or part of the Work and suspend CONTRACTOR's services Payment shall also be accompanied by a bill of sale, related thereto, take possession of CONTRACTOR's tools , invoice, or other documentation warranting that appliances, construction equipment and machinery at the Site, OWNER has received the materials and equipment free and incorporate in the Work all materials and equipment stored and dear of all Liens and evidence that the materials at the Site or for which OWNER has paid CONTRACTOR but and equipment are covered by appropriate property which are stored elsewhere. CONTRACTOR shall allow insurance or other arrangements to protect OWNER's OWNER, OWNER's representatives, agents and employees, interest therein , all of which must be satisfactory to OWNER's other contractors , and ENGINEER and ENGINEER's OWNER. Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph . 2. Beginning with the second Application for Payment, each Application shall include an affidavit of C. All Claims , costs , losses , and damages (including but CONTRACTOR stating that all previous progress not limited to all fees and charges of engineers , architects , payments received on account of the Work have been attorneys , and other professionals and all court or arbitration or applied on account to discharge CONTRACTOR's other dispute resolution costs) incurred or sustained by legitimate obligations associated with prior Applications OWNER in exercising the rights and remedies under this for Payment. paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary 3.The amount of retainage with respect to pro- revisions in the Contract Documents with respect to the Work; gress payments will be as stipulated in the Agreement. and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the B. Review of Applications amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10. 05. Such claims, costs , 1 . ENGINEER will, within 10 days after receipt of losses and damages will include but not be limited to all costs of each Application for Payment, either indicate in writing a repair, or replacement of work of others destroyed or damaged recommendation of payment and present the by correction, removal , or replacement of CONTRACTOR's Application to OWNER or return the Application to defective Work. CONTRACTOR indicating in writing ENGINEER's `p1w' reasons for refusing to recommend payment. In the D. CONTRACTOR shall not be allowed an extension of latter case, CONTRACTOR may make the necessary the Contract Times (or Milestones) because of any delay in the corrections and resubmit the Application . performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this 2 - ENGINEER's recommendation of any payment paragraph 13. 09. requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed ARTICLE 14 - PAYMENTS TO CONTRACTOR AND Work as an experienced and qualified design COMPLETION& "ARTICLE 14 - PAYMENTS TO professional and on ENGINEER's review of the Appli- CONTRACTOR AND COMPLETION") cation for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14. 01 Schedule of Valuesftc In "14. 01 Schedule of Values a , the Work has progressed to the point indicated ; A. The schedule of values established as provided in paragraph 2. 07 .A will serve as the basis for progress payments b. the quality of the Work is generally in accor- and will be incorporated into a form of Application for Payment dance with the Contract Documents (subject to an acceptable to ENGINEER. Progress payments on account of evaluation of the Work as a functioning whole prior Unit Price Work will be based on the number of units to or upon Substantial Completion, to the results of completed. any subsequent tests called for in the Contract Documents, to a final determination of quantities 14 . 02 Progress Payments(tc In "14. 02 Progress and classifications for Unit Price Work under Payments7 paragraph 9. 08, and to any other qualifications stated in the recommendation); and A. Applications for Payments c, the conditions precedent to 1 . At least 20 days before the date established for CONTRACTOR's being entitled to such payment each progress payment (but not more often than once a appear to have been fulfilled in so far as it is month), CONTRACTOR shall submit to ENGINEER for ENGINEER's responsibility to observe the Work. %W review an Application for Payment filled out and signed 00700 - 31