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Agenda - 03-20-1991
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Agenda - 03-20-1991
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BOCC
Date
3/20/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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ARTICLE 5 <br />PROGRESS PAYMENTS <br />5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the <br />Architect, the Owner shall make progress payments on account of [he. Contract Sum to the Contractor as provided below and <br />elsewhere in the Contract Documents, <br />5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as <br />follows: <br />The Progress Payment Date shall be the 25th of each month. <br />5.3 Provided an Application for Payment is received by the Architect not later than the f 1 r s t ....... . <br />the <br />• • - day of a month, the Owner shall make payment to the Contractor not later than <br />fifteenth ............. •day of the same ... month. If an Application for Payment is received by the <br />Architect after the application date fixed above, payment shall be made by the Owner not later than forty five ... . <br />......... days after the Architect receives [he Application for Payment. <br />5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with <br />the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work <br />and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, <br />unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. <br />5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period <br />covered by the Application for Payment. <br />5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: <br />5.6.1 'rake that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage <br />completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the <br />Schedule of Values, less retainage of ten........... <br />(..... 10 ... %), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute meay be <br />included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by <br />Change Order; <br />5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the <br />site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably .stored off the <br />site at a location agreed upon in writing), less retainage of ten ........... <br />percent(... .. 10 ... %); ....................... . <br />5.6.3 Subtract the aggregate of previous payments made by the Owner; and <br />5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- <br />graph 9.5 of the General Conditions, <br />5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following <br />circumstances: <br />5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pa merits to one hundred <br />Sum, less such amounts as the Architect shall •determine for incomplete• Work and unsettled -Clai Claims; and - °�O) of the Contract <br />5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional <br />amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. <br />5.8 Reduction or limitation of retainage, if any, shall be as follows: <br />(if it is intended, prior to Substantial Gbnepietion of the entire {Mork, to reduce or limit the retainage resulting frtnn The percentages inserted In Subpara- <br />grapbs 5.6. / and 5.6.1 above, and this is not explained elseu-bere in the Contract Documents, insert bere provisions for sttcb reduction or limitatio)i.) <br />AIA DOCUMENT A101 - OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • Q1987 <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 <br />A101-1987 4 <br />
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