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Agenda - Public Works Committee - 06/20/2017
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Agenda - Public Works Committee - 06/20/2017
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Meetings
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Agenda
Meeting Type
Public Works Committee
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06/20/2017
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rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, <br />including compensation for additional professional services, will be paid by the Contractor. <br /> <br />24.4 If, instead of requiring correction or removal and replacement of defective Work, the Owner <br />(prior to approval of final payment) and also the Engineer prefer to accept it, they may do so. In such <br />case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued <br />incorporating the necessary revisions in the Contract Documents, including appropriate reduction in <br />the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount <br />shall be paid by the Contractor. <br /> <br />ARTICLE 25. Application for Partial Payment <br /> <br />25.1 Prior to the first Friday of the following month for which payment is to be requested, the <br />Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate <br />portions of the Work for the previous month, and request payment. As used in this Article, the words <br />"amount earned" means the value, on the date of the estimate for partial payment, of the Work <br />completed in accordance with the Contract Documents, and the value of approved materials delivered <br />to the Project site suitably stored and protected prior to incorporation into the Work. If the Contractor's <br />estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the <br />amount due the Contractor and make recommendation to the Owner for payment. <br /> <br />25.2 After deducting the retain amounts and the amount of all previous partial payments made to the <br />Contractor, the amount earned as of the end of the previous month will be made payable to the <br />Contractor after the fourth Tuesday of the following month. <br /> <br />25.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered <br />by an application for payment, will have passed to the Owner prior to the making of the application for <br />payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these <br />General Conditions referred to as "liens"); and that no Work, materials or equipment covered by an <br />application for payment will have been acquired by the Contractor or by any other person performing <br />the Work at the Work site or furnishing materials and equipment for the Project, subject to an agreement <br />under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed <br />by the Contractor or such other person. <br /> <br />25.4 The Engineer will, within fifteen (15) Calendar Days after receipt of application for payment, <br />either indicate in writing his approval of payment and present the application to the Owner, or return <br />the application to the Contractor indicating in writing his reasons for refusing to approve payment. In <br />the latter case, the Contractor may make the necessary corrections and resubmit the application. The <br />Owner will pay the Contractor the amount approved by the Engineer and Owner. <br /> <br />ARTICLE 26. Prompt Payment to Subcontractors <br /> <br />The Contractor shall <br />from the municipality for undisputed services provided by the subcontractor. The contract must require <br />the prime contractor to pay interest of 1 ½ percent per month or any part of a month to the subcontractor <br />on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty <br />GC 19 <br /> <br /> <br />
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