Agenda - Council - 12/10/2013 - Laserfiche WebLink

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requested for any Subcontractor and materialmen in the requested progress payment and the amount to be paid to the Contractor from such progress payment, together with similar sworn statement from all such Subcontractors and materialmen; (2) duly executed waivers of mechanics' and materialmen's liens from all Subcontractors and, when appropriate, from materialmen and lower tier Subcontractors establishing payment or satisfaction of payment of all amounts requested by the Contractor on behalf of such entities or persons in any previous Application for Payment; and (3) all information and materials required to comply with the requirements of the Contract Documents or reasonably requested by the Owner or the Architect. If required by the Owner's title insurer, if any, the Contractor shall execute a personal gap undertaking in form and substance satisfactory to such title insurer. Revise Paragraph 9.3.2 to read: Payment will be made on account of materials delivered and suitably stored at the site only. No payment shall be made for material stored off -site. No payment will be made for materials delivered so early as to jeopardize their installed condition. PARAGRAPH 9.4 In the first sentence, delete the word "seven" and add the word "ten." PARAGRAPH 9.6 Add the following language to the end of Paragraph 9.6.2: Notwithstanding anything in this Paragraph 9.6.2 to the contrary, the Owner may elect, in the Owner's sole discretion, to make any payment requested by the Contractor on behalf of a Subcontractor. The Contractor and such Subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. In no event shall any joint payment be construed to create any (1) contract between the Owner and a subcontractor of any tier, (2) obligations form the Owner to such subcontractor, or (3) rights in such subcontractor against the Owner. PARAGRAPH 9.7 In the first sentence, delete the word "seven" and add the word "ten." In Paragraph 9.7, change "seven" to "ten" in second line." Add the following paragraph to Paragraph 9.7: 9.7.1 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, or the Owner incurs any costs and expenses to cure any default of the Contractor to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, in the Owner's sole discretion, elect either to: (1) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (2) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. SUPPLEMENTARY CONDITIONS 00800-5