Acceptance of Final Payment. The acceptance by the Contractor, or by anyone claiming by or through the Contractor, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of the work done thereunder, and for any prior act, neglect, or default on the part of the Authority or any of its officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the Authority not later than 40 days after signature of final agreement by the Contractor. As contract payments are routinely made via electronic funds transfer, and final agreements do not include any further payment to the Contractor, acceptance of final payment shall be deemed to be signature of the final agreement by the Contractor, or signature of the final agreement by the Chief Engineer if the Contractor has failed to respond within 180 days after being provided the final agreement. Such statement shall specify the items and details upon which the claim will be based and any such claim shall be limited to such items. Should the Contractor refuse to accept the final payment it shall constitute a waiver of any right to interest thereon. Notwithstanding the provision of the Court of Claims Act or of any other statute, the Contractor expressly understands and agrees that no action shall lie or be maintained by the Contractor, or anyone claiming by or through the Contractor, against the Authority upon any claim arising out of or based upon this contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six months after delivery of the final payment. No payment to the Contractor by the Authority shall limit or qualify any defense, claim or counterclaim otherwise available to the Authority relating to this contract.” For Non-Federal Aid Contracts Only: 109-10 UNCOMPLETED WORK AGREEMENTS. Add the following after the last paragraph: “In lieu of the above, providing there is sufficient contract retainage, the Contractor may authorize the Authority to continue to withhold a portion of the cash and/or securities, retained from contract payments, equal to at least double the value of the uncompleted work agreement. All other provisions of this subsection shall remain in force and unchanged.” Add the following:
Appears in 3 contracts
Samples: www.thruway.ny.gov, www.thruway.ny.gov, www.thruway.ny.gov
Acceptance of Final Payment. The acceptance by the Contractor, or by anyone claiming by or through the Contractor, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of the work done thereunder, and for any prior act, neglect, or default on the part of the Authority or any of its officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the Authority not later than 40 days after signature delivery of such final agreement by the Contractor. As contract payments are routinely made via electronic funds transfer, and final agreements do not include any further payment to the Contractor, acceptance of final payment shall be deemed to be signature of the final agreement by the Contractor, or signature of the final agreement by the Chief Engineer if the Contractor has failed to respond within 180 days after being provided the final agreementpayment. Such statement shall specify the items and details upon which the claim will be based and any such claim shall be limited to such items. Should the Contractor refuse to accept the final payment it shall constitute a waiver of any right to interest thereon. Notwithstanding the provision of the Court of Claims Act or of any other statute, the Contractor expressly understands and agrees that no action shall lie or be maintained by the Contractor, or anyone claiming by or through the Contractor, against the Authority upon any claim arising out of or based upon this contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six months after delivery of the final payment. No payment to the Contractor by the Authority shall limit or qualify any defense, claim or counterclaim otherwise available to the Authority relating to this contract.” For Non-Federal Aid Contracts OnlyPage 141: ADD the following: “109-10 UNCOMPLETED WORK AGREEMENTS11 RECOVERY OF MONIES BY THE AUTHORITY. Add Whenever it is provided in the Contract Documents that the Contractor shall pay or return monies for any reason, or that the Authority or Engineer may charge against the Contractor certain costs, assessments, or fines, or that the Authority can recover any sum for any reason from the Contractor, the Authority may offset the monies from amounts otherwise due to the Contractor. It is understood that the Authority may determine, in its sole discretion that any monies are due the Authority, and upon such determination it has available to it any monies due or that may become due the Contractor under the Contract and any other contracts between the Contractor and the Authority. Such other contracts shall include joint ventures in which the Contractor is a participant but only to the extent of its participation. The right to offset against the Contractor as herein provided is in addition to and does not affect the right of the Authority to seek recovery against the Contractor or surety under the Contract, bonds, or as otherwise allowed by the law.” Section 550 STRUCTURES SECTION 555 - STRUCTURAL CONCRETE Page 339: Section 555-3.02 Falsework; ADD the following after the last paragraphrequirements: “In lieu The Engineer’s review of Falsework Plans submitted by the aboveContractor shall not relieve the Contractor of his responsibility to provide for the safety and health of his employees, providing there is sufficient contract retainageor to provide structurally sound, adequate falsework.” Page 339: Section 555-3.03 Forms; ADD the following to the first paragraph : “The Engineer’s review of form work plans submitted by the Contractor shall not relieve the Contractor of responsibility for attaining satisfactory results." Section 600 INCIDENTAL CONSTRUCTION SECTION 606 - GUIDE RAILING Page 505: Section 606-2.08 Resetting Guide Railing, Median Barrier, Anchorage Unit Assemblies and End Assemblies, ADD the following: “Should plans call for resetting any corrugated beam guide rail and/or corrugated beam median barrier installed without support bolts, the Contractor may authorize shall supply and install new support bolts as per the Authority to continue to withhold a portion appropriate Standard Sheets. The cost of furnishing and installing these support bolts shall be included in the cash and/or securities, retained from contract payments, equal to at least double unit price bid for the value of the uncompleted work agreement. All other provisions of this subsection shall remain in force and unchangedappropriate item for resetting guide rail or median barrier.” Add Also, ADD the following:
Appears in 2 contracts
Samples: www.thruway.ny.gov, www.thruway.ny.gov
Acceptance of Final Payment. The acceptance by the Contractor, or by anyone claiming by or through the Contractor, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of the work done thereunder, and for any prior act, neglect, or default on the part of the Authority or any of its officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the Authority not later than 40 days after signature of final agreement by the Contractor. As contract payments are routinely made via electronic funds transfer, and final agreements do not include any further payment to the Contractor, acceptance of final payment shall be deemed to be signature of the final agreement by the Contractor, or signature of the final agreement by the Chief Engineer if the Contractor has failed to respond within 180 days after being provided the final agreement. Such statement shall specify the items and details upon which the claim will be based and any such claim shall be limited to such items. Should the Contractor refuse to accept the final payment it shall constitute a waiver of any right to interest thereon. Notwithstanding the provision of the Court of Claims Act or of any other statute, the Contractor expressly understands and agrees that no action shall lie or be maintained by the Contractor, or anyone claiming by or through the Contractor, against the Authority upon any claim arising out of or based upon this contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six months after delivery of the final payment. No payment to the Contractor by the Authority shall limit or qualify any defense, claim or counterclaim otherwise available to the Authority relating to this contract.” For Non-Federal Aid Contracts Only: 109-10 UNCOMPLETED WORK AGREEMENTS. Add the following after the last paragraph: “In lieu of the above, providing there is sufficient contract retainage, the Contractor may authorize the Authority to continue to withhold a portion of the cash and/or securities, retained from contract payments, equal to at least double the value of the uncompleted work agreement. All other provisions of this subsection shall remain in force and unchanged.” Add the following:
Appears in 1 contract
Samples: www.thruway.ny.gov
Acceptance of Final Payment. The acceptance by the Contractor, or by anyone claiming by or through the Contractor, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of the work done thereunder, and for any prior act, neglect, or default on the part of the Authority or any of its officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the Authority not later than 40 days after signature of final agreement by the Contractor. As contract payments are routinely made via electronic funds transfer, and final agreements do not include any further payment to the Contractor, acceptance of final payment shall be deemed to be signature of the final agreement by the Contractor, or signature of the final agreement by the Chief Engineer if the Contractor has failed to respond within 180 days after being provided the final agreement. Such statement shall specify the items and details upon which the claim will be based and any such claim shall be limited to such items. Should the Contractor refuse to accept the final payment it shall constitute a waiver of any right to interest thereon. Notwithstanding the provision of the Court of Claims Act or of any other statute, the Contractor expressly understands and agrees that no action shall lie or be maintained by the Contractor, or anyone claiming by or through the Contractor, against the Authority upon any claim arising out of or based upon this contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six months after delivery of the final payment. No payment to the Contractor by the Authority shall limit or qualify any defense, claim or counterclaim otherwise available to the Authority relating to this contract.” For Non-Federal Aid Contracts Only: 109-10 UNCOMPLETED WORK AGREEMENTS. Add the following after the last paragraph: “In lieu of the above, providing there is sufficient contract retainage, the Contractor may authorize the Authority to continue to withhold a portion of the cash and/or securities, retained from contract payments, equal to at least double the value of the uncompleted work agreement. All other provisions of this subsection shall remain in force and unchanged.” Add the following:”
Appears in 1 contract
Samples: www.thruway.ny.gov
Acceptance of Final Payment. The acceptance by the Contractor, or by anyone claiming by or through the Contractor, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability to the Contractor for anything theretofore done or furnished for or relating to or arising out of the work done thereunder, and for any prior act, neglect, or default on the part of the Authority or any of its officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the Authority not later than 40 days after signature of final agreement by the Contractor. As contract payments are routinely made via electronic funds transfer, and final agreements do not include any further payment to the Contractor, acceptance of final payment shall be deemed to be signature of the final agreement by the Contractor, or signature of the final agreement by the Chief Engineer if the Contractor has failed to respond within 180 days after being provided the final agreement. Such statement shall specify the items and details upon which the claim will be based and any such claim shall be limited to such items. Should the Contractor refuse to accept the final payment it shall constitute a waiver of any right to interest thereon. Notwithstanding the provision of the Court of Claims Act or of any other statute, the Contractor expressly understands and agrees that no action shall lie or be maintained by the Contractor, or anyone claiming by or through the Contractor, against the Authority upon any claim arising out of or based upon this contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six months after delivery of the final payment. No payment to the Contractor by the Authority shall limit or qualify any defense, claim or counterclaim otherwise available to the Authority relating to this contract.” For Non-Federal Aid Contracts Only: 109-10 UNCOMPLETED WORK AGREEMENTS. Add the following after the last paragraph: “In lieu of the above, providing there is sufficient contract retainage, the Contractor may authorize the Authority to continue to withhold a portion of the cash and/or securities, retained from contract payments, equal to at least double the value of the uncompleted work agreement. All other provisions of this subsection shall remain in force and unchanged.” Add the following:
Appears in 1 contract
Samples: www.thruway.ny.gov
