12-21-2020 BOC Regular Meeting - Laserfiche WebLink

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16.4 In and before the expiration of the eleventh calendar month after the date of Substantial Completion, and at the request of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work for the purpose of identifying defective workmanship and/or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 17. OWNER'S RIGHT TO DO WORK 17.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perforin any provision of the Contract Documents, the Owner, after three(3)days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 17.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor,the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. PARTIAL PAYMENTS 18.1 Within thirty(30)days after his initial receipt of the Construction Agreement for signatures, or on the date agreed to by mutual consent of both Parties, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 18.2 During the initial meeting between Owner, Designer and Contractor, a date will be provided to the Contractor by the Owner which will set forth the date each month a Request for Payment for Work done will be submitted. The Request for Payment for Work done will be provided to the Contractor by the Designer. The Request for Payment will show substantially the value of Work done(including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during the previous calendar month, and shall sum up the financial status of the Work with the following information: a) Total Contract Price, including any adjustment thereto made pursuant to the Contract Documents. b) Value of Work completed and materials properly stored to date. c) Less amount retained. d) Less previous payments. Contractor Initis / Owner Initial