Common use of Application for Payment Clause in Contracts

Application for Payment. (1) The Contractor shall submit to the Engineer itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the day of each month designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work and materials provided by its subcontractors and suppliers as part of the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) herein. (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this Section. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the County's or the Engineer of Record’s employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the Work. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 2 contracts

Samples: Contract, Contract

AutoNDA by SimpleDocs

Application for Payment. (1) The Contractor shall submit to the Engineer A/E three (3) originally executed, itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the first day of each month as designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work for which previous Certificates of Payment were issued and materials provided by its subcontractors and suppliers as part of payments received from the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) hereinCounty. The Application for payment shall also include an updated Progress Schedule. (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this SectionArticle. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the forthe County's or the Engineer of Record’s A/E's employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the WorktheWork. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 2 contracts

Samples: Contract, Contract

Application for Payment. (1) The Contractor shall submit to the Engineer A/E three (3) originally executed, itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the first day of each month as designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work for which previous Certificates of Payment were issued and materials provided by its subcontractors and suppliers as part of payments received from the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) hereinCounty. The Application for payment shall also include an updated Progress Schedule. (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately miles(approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this SectionArticle. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the County's or the Engineer of Record’s A/E's employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the Work. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, ,hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items outstandingitems for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 1 contract

Samples: Contract

Application for Payment. (1) The Contractor shall submit to the Engineer three (3) originally executed, itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the day of each month designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work and materials provided by its subcontractors and suppliers as part of the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) herein. (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this Section. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the County's or the Engineer of Record’s employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the Work. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 1 contract

Samples: Contract

AutoNDA by SimpleDocs

Application for Payment. (1) The Contractor shall submit to the Engineer A/E three (3) originally executed, itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the first day of each month as designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work for which previous Certificates of Payment were issued and materials provided by its subcontractors and suppliers as part of payments received from the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) hereinCounty. The Application for payment shall also include an updated Progress Schedule. (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this SectionArticle. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the County's or the Engineer of Record’s A/E's employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the Work. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 1 contract

Samples: Contract

Application for Payment. (1) The Contractor shall submit to the Engineer three (3) originally executed, itemized Applications for Payment (and one (1) copy to the County) or the Applications for Payment shall be submitted electronically through e-builder if so directed by the County; on or about the day of each month designated in Article 4 of the County-Contractor Agreement. The Application for Payment shall include for approval, an updated monthly Construction Schedule and Narrative, all supporting material documentation, Stored Materials documentation to include cost, on-site test results, Daily Contractor Quality Control Reports, Daily Work Reports, Weekly Safety Meetings, and shall be notarized, indicate in complete detail all labor and material incorporated in the Work during the month prior to submission, and supported by such data substantiating the Contractor's payment request as the County may require. The Application for Payment shall also contain Contractor’s certification that due and payable amounts and bills have been paid by the Contractor for work and materials provided by its subcontractors and suppliers as part of the Work pursuant to the Virginia Code § 2.2-4354 and Section 107.01(b) herein.been (2) Payment may be made for the value of materials, which are to be incorporated into the finished Work, and which are delivered to and suitably stored and protected on the Work site. The Contractor shall provide releases or paid invoices from the Seller to establish, to the County's satisfaction, that the County has title to said material. Stored materials shall be in addition to the Work completed and shall be subject to the same retainage provisions as the completed Work. Material once paid for by the County becomes the property of the County and may not be removed from the Work site without the County's written permission. (3) The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Section 109.09 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work. a. For purposes of administering this provision, the following definitions are provided. 1. Material stored NEAR the Work Site: A storage location shall be considered near the work site if it is not more than fifty (50) miles (approximately a one-hours drive) from the Work Site. 2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant. b. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the County prior to any payment under this Section. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored. c. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the County and Contractor. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation, that said material is not a part of any other stock or stored material. d. For materials stored distant to the Work site, the Contractor shall reimburse the County for all reasonable costs incurred by the County, to include but not limited to salary, transportation, lodging and per diem, for the County's or the Engineer of Record’s employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the work site. e. Except for unusual circumstances, the Contractor will not be required to reimburse the County's costs for visits to storage locations near the work site. f. The Contractor shall hold the County harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials (for which payment has been made) to the work site for installation and incorporation into the Work. g. The Contractor shall provide to the County, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his Contract is breached. (4) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the County either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". The Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project that is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. (5) The Contractor's Application for Payment shall provide that the payment request attests that all Work for which the request is made has been completed in full according to the drawings, specifications and other terms of the Contract Documents. By submitting his Application for Payment, the Contractor also represents that he has no knowledge that any subcontractor or suppliers have not been fully and timely paid and that, insofar as he knows, the only outstanding items for payment with respect to the Contract are those to be paid from the funds for which Application is being made.

Appears in 1 contract

Samples: Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!