2008-11-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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preserve these for a period of twelve years after final payment, or for such longer period as may be required by lalaw, including_any record retention laws applicable t the Owner. § 7.1.1 Based upon Applications for Payment properlysubmitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.3 The Construction Manager's invoice or Application for Payment must be presented to the Architect for approval prior to presentation to the Owner. Within seven days of receipt of construction Manager's invoice the Architect shall make a recommendation to the Owner regarding payment In making such recommendation the Architect shall specifically state the basis for such recommendation and the specific amount required to be withheld to protect the Owner's interest. Provided an Application for Payment is received and certified by the Architect not later than the first 15` day of a month, the Owner shall make payment to the Construction Manager notlater than the day-e€theffle undisputed amounts within thirty (30) days of receipt of the certified Application for Payment by Owner. If an Application for Payment is received by the Architect after the application date fixed above, payment of the undisputed amounts shall be made by the Owner not later than ( ` days .,fto_ the A ehitee the A..A,:eati n fe kayR fA twenty-five (25) days after the Architect receives and certifies the Application for Payment except that no payment shall be considered not paid when due or overdue except in accordance with Texas Government Code Section 2251.021. § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) retainage; less (3) that portion of those payments attributable to the Construction Manager's Fee; plus 4A41 payrolls for the period covered by the present Application for Payment. Each Application for Payment shall also include a list, with backup data. of how each payment shall be spent including a list detailing which subcontractors and suppliers will be paid out of funds paid by the Owner and the amount of such payments to subcontractors and suppliers and in the next payment cycle proof of each payment to Construction Manager's subcontractors and suppliers after payment. § 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the 4) the percentage of that portion of the Work which has actually been (a) the expense which has � ..nsti.. etion Manager- r t peftion of »� ti t� /` Wer4 for- whieh the Genstmetien Managef has made or- intends te make aePd.4 pa)4aent prior- to the next Appheation of values. -completed. PAGE 16 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule ofvalides. Pending ineluded as provided in Seetion 7.3.8 of kwj— 1997, even though the GuaFanteed Maximum Pr-iee has net ye, been adjusted byChangeOrd values, as the Guaranteed Maximum Price is adjusted for Owner -approved Change Orders and as authorized by the Architect Additions and Deletions Report for AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright© 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and 13 International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01/2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)