Valparaiso University
Electronic Information Services
Standard Operating Procedure
Number 1.5.6.2
Uniform General Contract Conditions
APPENDIX F
VALPARAISO UNIVERSITY
UNIFORM GENERAL CONTRACT CONDITIONS
March 22, 2003
GENERAL AGREEMENT
The provisions listed below are to be used by Vendor as the rules
and guidelines governing Vendor work on the premises of Valparaiso
University.
1. OWNER'S REPRESENTATIVE
1.1 Owner's Representative (O.R.) shall be the individual
designated in writing by Owner.
1.2 Duties of Owner's Representative
1.2.1 The O.R. is authorized to act on behalf of Owner. The
O.R. will provide general administration of the
contract and shall fulfill the duties, rights and
obligations of Owner under the Contract documents.
1.2.2 All of Owner's instructions to Vendor shall be issued
through the O.R.
1.2.3 The O.R. will have authority to reject work which does
not conform to the Contract Documents.
1.2.4 The O.R. will prepare and initiate Contract Change
Orders. Changes will be funded only if valid Change
Orders have been issued.
2. FUNDAMENTAL PROVISIONS
2.1 Vendor is to serve as General Contractor.
2.2 Subcontracting: Subcontracting is permitted under the following
conditions:
2.2.1 Prior Approval: This contract and any part thereof shall
not be subcontracted or assigned to another vendor
without prior written approval of Owner. Permission to
subcontract or assign shall not unreasonably withheld.
Subcontractor shall be responsible to Vendor, and shall
receive all payments due for materials and labor from
Vendor. Vendor shall retain responsiblity for the Work.
2.2.2 List of Subcontractors: Vendor shall furnish in writing
to Owner within forty-eight (48) hours after the award
of the contract, a list of the names of Subcontractors
who will work on the project.
Valparaiso University Telephone RFP 3/27/2003 Page F-2
2.2.3 Acceptable Subcontractors: Vendor is specifically
advised that any person, firm or other party to whom it
is proposed to award a subcontract under this RFP must
(1) be registered in the state of Indiana and have an
Indiana Contractor's registration number, and (2) be
acceptable to Owner. Owner's approval shall not be
unreasonably withheld.
2.3 Insurance: Vendor and each Subcontractor shall take out and
maintain throughout construction period, insurance on an
occurrence basis, naming "The Lutheran University Association,
Inc., d/b/a Valparaiso University" as an additional insured,
with minimum requirements as specified in the Subsections of
this Section. Vendor and Subcontractors, through Vendor, shall
furnish to Owner five (5) copies of each Certificate of
Insurance.
2.3.1 Workmen's compensation and occupational disease
insurance covering all employees in statutory limits who
perform any obligations assumed under the Contract.
2.3.2 Comprehensive General Liability Insurance and Automobile
Liability Insurance in an amount not less than One
Million Dollars ($1,000,000.00) for injuries, including
accidental death, to any one person and subject to the
same limit for each person, and in an amount not less
than Two Million Dollars ($2,000,000.00) on account of
any one occurrence.
2.3.3 Property Damage Liability Insurance in an amount not
less than One Million Dollars ($1,000,000.00).
2.3.4 Medical Expense Insurance in an amount not less than One
Hundred Thousand Dollars ($100,000) to any one person
and subject to the same limit for each person.
2.4 Code of Fair Practices: During the performance of this
contract, Vendor agrees that Vendor will not discriminate
against any employee or applicant for employment because of
race, creed, color, religion, national origin, sex, age or
physical or mental disability, or status as a Vietnam-
era/disabled veteran; will so state in all solicitations or
advertisements for employees placed by or on behalf of Vendor;
and will advise labor unions, worker representatives, and
employees of this contractual commitment.
2.5 Successors and Assigns: Owner and Vendor respectively bind
themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other
party in respect to covenants, agreements and obligations
contained in the Contract Documents. Neither party to the
Valparaiso University Telephone RFP 3/27/2003 Page F-3
Contract shall assign the Contract in whole or in part without
written consent of the other nor shall Vendor assign any moneys
due or to become due to it hereunder, without the written
consent of the Owner. If either party attempts to make such an
assignment without such consent, that party shall nevertheless
remain legally responsible for all obligations under the
Contract.
3. SAFETY AND SECURITY PRECAUTIONS AND PROGRAMS
3.1 Vendor shall be responsible for initiating, maintaining and
supervising safety and security precautions and programs in
connection with the performance of the Contract, including, but
not limited to, safety and security of
3.1.1 Employees of Vendor, Subcontractors, and other personnel
related to the project;
3.1.2 Owner's students, employees, guests, and visitors;
3.1.3 Other individuals affected by the Work;
3.1.4 The Work site and materials and equipment related
thereto;
3.1.5 Other property at or adjacent to the site, including
landscaping, pavement, structures, and utilities
3.2 Vendor is responsible for naming, in writing to Owner, a person
on Vendor's staff who is responsible for safety and security,
who will be available at all times that work by Vendor and/or
Subcontractors is in progress. This will normally be the
Project Superintendent.
3.3 Vendor shall be cognizant of and comply with applicable laws,
ordinances, rules, regulations, and lawful orders of public
authorities bearing on health and safety of persons or property
or their protection from damage, injury or loss, including, but
not limited to:
3.3.1 Williams-Steger Occupational Safety and Health Act of
1970 (OSHA)
3.4 Vendor shall be responsible for exercising due care and good
judgment in matters bearing on health and safety of persons or
property or their protection from damage, injury or loss,
including, but not limited to:
3.4.1 Limiting equipment and structure loads to safe levels;
Valparaiso University Telephone RFP 3/27/2003 Page F-4
3.4 Vendor shall erect and maintain, as required by existing
conditions and performance of the Contract, reasonable
safeguards for safety and protection, including posting danger
signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites
and utilities.
3.5 Vendor is solely responsible for responding to all safety
inspections related to the Work, be they external, IOSHA, OSHA,
EPA, or Owner; and be they with or without advance notice.
Owner specifically reserves the right to conduct, or cause to
be conducted, a safety inspection at any time.
3.6 Hazardous Materials
3.6.1 Owner shall provide to Vendor a list of known hazardous
chemicals within the project site to which their
employees may be exposed and suggestions for
appropriate protective measures.
3.6.2 Vendor shall provide to Owner a list of known hazardous
chemicals that they anticipate will be used on site as
well as other pertinent information relating to
employee protection. Vendor's Material Safety Data
Sheets (MSDS) shall be available to Owner upon request.
3.6.3 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary
for execution of the Work, Vendor shall exercise utmost
care and carry on such activities under supervision of
properly qualified personnel.
3.6.4 In the event Vendor encounters on the site material
reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless,
Vendor shall immediately stop Work in the area affected
and report the condition to Owner in writing. The Work
in the affected area shall be resumed only when Owner
has provided reasonable proof of the absence of
asbestos or polychlorinated biphenyl (PCB), or when
Owner has caused it to be rendered harmless.
3.7 Vendor specifically agrees to hold Owner harmless for
negligence shown to be the result of acts or failures to act by
Vendor or Subcontractors.
3.8 Emergencies: In an emergency affecting safety of persons or
property, the Vendor shall act, at Vendor's discretion, to
prevent threatened damage, injury or loss.
Valparaiso University Telephone RFP 3/27/2003 Page F-5
4. RULES OF CONDUCT
4.1 Vendor, Subcontractors, and others associated with the project
are responsible for maintaining decorum. This includes but is
not limited to:
4.1.1 Recognition that Owner has a religious affiliation.
4.1.2 Recognition that Owner is multi-cultural.
4.1.3 Recognition that this is a non-alcoholic campus.
4.2 There are to be no incidents of offensive behavior within the
site, in view of the site, or on or near the campus grounds at
any location. Offensive behavior includes, but is not limited
to, harassment of any kind, use of inappropriate language, and
engaging in any activity that is illegal or not consonant with
Owner's principles.
4.3 Driving and Parking on Campus
4.3.1 Speed Limit: This is generally 20 mph, but pedestrian
traffic and/or road conditions may dictate a slower
speed. This applies to Vendors, Subcontractors and all
related vehicles.
4.3.2 Crosswalks: Crosswalks in the center of campus are
marked with white hash marks. All traffic is to stop at
these crosswalks to let pedestrians pass; this applies
to Vendors, Subcontractors, and all related vehicles.
4.3.3 Parking: It is the intent of the following university
parking policy to keep the construction area as
inconspicuous as possible and the campus attractive and
pleasant for the public and students. Vendor's
understanding of this policy and cooperation in carrying
it out is vital to the successful promotion and
preservation of the University.
4.3.3.1 All Vendor and Subcontractor vehicles and any
related vehicles are to park in designated
parking areas only.
4.3.3.2 Vendors may be provided a company 1 (one) day
parking pass from the Valparaiso University
Police Department or a long term construction
pass from the Physical Plant Services located
at 1500 E. Lincolnway. University construction
parking permits shall be displayed on all
company vehicles and trucks and private
employees' vehicles when parked on campus.
Valparaiso University Telephone RFP 3/27/2003 Page F-6
4.3.3.3 Employee transportation from designated parking
to the job site shall be Vendor's
responsibility.
4.3.3.4 Permits shall be removed from all trucks and
vehicles and returned to the issuing office
when the project is complete.
4.3.3.5 Under no circumstances may Vendor and
Subcontractor vehicles, or any related
vehicles, park in spaces marked for Fire Lanes
(red), in No Parking Zones (yellow), in ADA
Spaces (blue), along streets or roads, on lawn,
on walks, or in any other than the designated
locations. Parking tickets will be issued to
violators and/or trucks and vehicles will be
towed from campus at the registered owner's
expense. Unpaid parking and/or towing fines,
including those of Vendor employees and
Subcontractors, will be withheld from Vendor's
payment.
4.4 Water, Heat, Ventilation, Utilities and Other Facilities
4.4.1 Restroom/toilet facilities in Owner's buildings may be
used only by prior approval. In most cases, Vendor
will need to provide restroom/toilet facilities.
4.4.2 Water in reasonable quantities may be obtained from the
nearest available outlets at no cost to Vendor in lieu
of Section 4.4.1 of the General Conditions.
4.4.3 Electricity (120 volt) may be obtained from existing
outlets or panel at no cost to Vendor in lieu of
Section 4.4.1 of the General Conditions.
4.5 Shipping and Receiving: Vendor shall not ship materials to
Owner's Central Receiving Department or other departments.
Vendor may ship to the Project Field Office, if any, and must
be prepared to receive and unload materials. Owner will not
accept and/or unload and/or store Vendor materials.
4.6 Cleanliness:
4.6.1 Vendor shall at all times keep the site of the Work and
adjacent premises as free from materials, debris,
rubbish and trash as practicable, and shall remove same
from any portion of the site if, in the opinion of
Owner, such materials, debris, rubbish or trash
constitute a nuisance or are objectionable in any way to
the public. Vendor shall be responsible for the removal
Valparaiso University Telephone RFP 3/27/2003 Page F-7
of dirt accumulations or any other debris on campus
roads and public streets and highways resulting from
Vendor's operations of the Work.
4.6.2 At the completion of the Work, Vendor shall remove all
materials, implements, barricades, equipment, staging,
piling falsework, debris and rubbish connected with or
caused by operations for such Work immediately upon the
completion of that Work and shall leave the premises in
perfect condition insofar as affected by the Work under
the Contract. Fires for disposal of rubbish on the site
are prohibited.
4.6.3 If Vendor should fail to clean up the premises as
required above, Owner, after giving Vendor forty-eight
hours notice, may do so and charge the cost thereof to
Vendor.
4.7 Building Keys
4.7.1 Vendor will be issued keys by Owner's Physical Plant
Services Department (PPS) to gain access to buildings
and/or to areas of the buildings.
4.7.2 Vendor shall return the keys upon completion of the
punch list, but not later than seven (7) days after the
date of the punch list, to PPS
4.7.3 PPS will issue a key receipt for the return of the keys
in order that final payment for the project can be
authorized.
4.7.4 Vendor shall be responsible for the keys and rekeying or
changing of locks, should the keys be lost by Vendor.
4.7.5 Rekeying or changing of locks when commenced will not be
stopped in the process should Vendor find the keys after
notifying Owner that the keys are lost.
5. WORK PLANNING AND REPORTING
5.1 Vendor's Construction Schedules
5.1.1 Vendor promptly after being awarded the Contract, shall
prepare and submit for Owner's approval, a Vendor's
construction schedule for the Work. The schedule shall
not exceed time limits current under the Contract
Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and the Project,
shall be related to the entire Project to the extent
required by the Contract Documents, and shall provide
for expeditious and practicable execution of the Work.
Valparaiso University Telephone RFP 3/27/2003 Page F-8
5.1.2 Owner reserves the right to provide a list of critical
dates when work at the site and/or interruptions
should be avoided.
5.1.3 Schedule shall include dates of planned service
interruptions. Revisions to the schedule of planned
service interruptions shall not be made less than
five days prior to such interruptions.
5.1.4 Vendor shall prepare and keep current, for Owner's
approval, a schedule of submittals which is coordinated
with Vendor's construction schedule and allows Owner
reasonable time to review submittals.
5.1.5 Vendor shall conform to the most recent schedules.
Vendor shall employ and supply a sufficient force of
workmen, material, plant and equipment and pay when due,
any workmen, Subcontractor or supplier for supplies
furnished and otherwise prosecute the work with
diligence to maintain the rate of progress indicated on
the progress schedule, prevent work stoppage, and ensure
completion of the project within the time specified.
Should Vendor fail in any respect, Owner may require
that additional workers, plant, and equipment be
employed and placed on the work or require that hours in
addition to regular hours be worked until progress is as
scheduled, in any event with no additional cost to
Owner.
5.2 Meetings
5.2.1 Owner Representative shall arrange and conduct a
preconstruction meeting to review the Contract and other
conditions of mutual interest, coordinate commencement
of construction and discuss project procedures and
Vendor's construction schedule, key personnel and
Subcontractors. An agenda will be made available.
5.2.2 Vendor shall arrange and conduct progress meetings
during construction. Frequency of said meetings shall
be determined at the preconstruction meeting at a
mutually agreed time and location. Time between
meetings shall not be greater than two weeks.
5.2.3 Vendor, Subcontractors, and Owner's Representative shall
attend all meetings.
5.2.4 Vendor shall prepare and provide minutes of the
preconstruction and progress meetings to Vendor,
Subcontractors and Owner within 2 days following each
meeting.
Valparaiso University Telephone RFP 3/27/2003 Page F-9
5.3 Supervision
5.3.1 A list of Vendor's on-site key personnel with phone
numbers and qualifications shall be submitted seven (7)
days prior to the preconstruction meeting, along with
Vendor's initial construction schedule.
5.4 Access to Work
5.4.1 Vendor shall provide Owner and Architect access to the
Work in preparation and progress wherever located.
5.4.2 Vendor shall furnish Owner all necessary assistance to
facilitate inspections throughout the process of
manufacture or construction, or for the examination of
any materials entering into the Work or for any other
purpose required in the discharge of Vendor's duties.
5.5 Recordkeeping and Record Retention
Vendor shall establish and maintain adequate records of all
expenditures incurred under the contract. All records shall be
kept in accordance with generally accepted accounting
procedures. All procedures shall be in accordance with
Federal, State and local ordinances.
Owner shall have the right to audit, review, examine, copy, and
transcribe any pertinent records or documents relating to any
contract resulting from this RFP held, owned, or controlled by
Vendor. Vendor shall retain all documents applicable to the
contract for a period of not less than three (3) years after
final payment is made.
6. VENDOR RESPONSIBILITIES
6.1 Site conditions: Vendor is responsible for informing himself of
all the site conditions. There shall be no Change Notices for
unrevealed situations.
6.2 Permits: Vendor is responsible for acquiring all State and
Local Permits and approvals and their display and maintenance.
Fees for those are to be included in the project.
6.3 Codes and Standards: All work shall be performed per the
following codes and standards as applicable to the task(s)
performed. If Vendor performs Work knowing it to be contrary
to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to Owner, Vendor shall assume
full responsibility for such Work and shall bear the
Valparaiso University Telephone RFP 3/27/2003 Page F-10
attributable costs. The latest editions of these Codes and
Standards shall be applicable unless otherwise designated.
Where conflicts exist from one code to another, the more
stringent requirement shall apply.
6.3.1 Building Officials and Code Administrators (BOCA)
International Inc. Basic Building Code, BOCA Basic
Plumbing Code, BOCA Basic Mechanical Code
6.3.2 State of Indiana State Building Code
6.3.3 National Fire Protection Association (NFPA) 101 Life
Safety Code
6.3.4 National Electric Code (NEC)
6.3.5 Williams-Steger Occupational Safety and Health Act of
1970 (OSHA)
6.3.6 American National Standards Institute (ANSI)
6.3.7 Institute of Electrical and Electronics Engineers (IEEE)
6.3.8 Electronics Industry Association (EIA) 568/569/606
6.3.9 Indiana Electrical Code and/or National Electrical
Code (NEC)
6.3.10 National Board of Fire Underwriters (NBFU)
6.3.11 Underwriter's Laboratories, Inc. (UL), Federal
Specifications
6.3.12 Rural Electric Association - Telephone Division
Standards
6.3.13 FCC Codes and Regulations
6.3.14 Americans With Disabilities Act (ADA).
6.4 Location of Utilities
At least two (2) working days before excavating, Vendor shall
arrange for all existing utilities to be located and marked.
6.4.1 For those entities having utilities on campus (other
than Owner), Vendor shall call 800-382-5544 and request
existing utilities be located and marked in accordance
with the Underground Plant Location Service System
guidelines and regulations.
6.4.2 Vendor shall contact Owner also and request Owner's
existing utilities be located and marked.
Valparaiso University Telephone RFP 3/27/2003 Page F-11
6.5 Taxes
Vendor shall pay sales, consumer, use and similar taxes for the
Work or portions thereof provided by Vendor which are legally
enacted when proposals are received or negotiations concluded,
whether or not yet effective or merely scheduled to go into
effect.
Upon completion of the contract, but before final payment,
Vendor shall furnish Owner, in duplicate, a Owner's Statement
properly executed and sworn to, list all Indiana sales and/or
use taxes, and local option sales taxes where applicable, paid
by Vendor and all Subcontractors on all supplies, and materials
and on all equipment incorporated into and made part of the
Work. Blank copies of Owner's Statements will be furnished to
Vendor by Owner upon request.
6.6 Salvage Materials
6.6.1 Salvage materials as listed in the Technical
Specifications shall be delivered to Owner's on-campus
storage.
6.6.2 Remaining materials salvaged by Vendor shall become the
property of Vendor and shall be promptly removed from
the site.
6.6.3 Salvage materials which become the property of Vendor
shall not be sold upon Owner's property. Such materials
shall be removed from the site for disposition.
6.7 Waste Materials: Vendor shall remove all waste materials from
the project site. Disposal shall be in accordance with law.
7. PAYMENTS AND COMPLETION
7.1 CONTRACT SUM
The Contract Sum is stated in this Agreement and, subject to
authorized adjustments, is the total amount payable by the
Owner to Vendor for performance of the Work
7.2 SCHEDULE OF VALUES
Before the first payment, Vendor shall submit to Owner a
schedule of values allocated to various portions of the Work.
This schedule, when approved by Owner, shall be used as a
basis for Vendor's Applications for Payment.
Valparaiso University Telephone RFP 3/27/2003 Page F-12
7.3 APPLICATIONS FOR PAYMENT
Not more than once a month and as appropriate to the progress
of the Work, Vendor shall submit to Owner an itemized
Application for Payment, prepared on a form furnished by
Owner, subject to the following
7.3.1 Unless otherwise provided in the Contract Documents,
payments shall be made on account of materials and
equipment delivered, subject to Owner approval.
7.3.2 Vendor warrants that clear title to all Work covered by
an Application for Payment will pass to Owner no later
than the time of payment.
7.3.3 Owner shall review Application for Payment with
reasonable promptness and, if approved, released
payment to Vendor. Applications which are not approved
shall be returned to Vendor, accompanied by a written
statement giving the reason(s) for such return.
7.3.4 Owner will withhold until final payment, retainage in
an amount consistent with applicable law.
7.4 DECISIONS TO WITHHOLD PAYMENT
7.4.1 Owner may decline to approve an Application for Payment
and may withhold or rescind payment in whole or in
part, to the extent necessary to reasonably protect
Owner, due to
7.4.1.1 defective Work not remedied;
7.4.1.2 third party Claims filed pursuant to
applicable law;
7.4.1.3 failure of Vendor to make payments properly to
Subcontractors for labor, materials or
equipment;
7.4.1.4 reasonable evidence that the Work cannot be
completed for the unpaid balance of the
Contract Sum;
7.4.1.5 damage to Owner or another Vendor;
7.4.1.6 reasonable evidence that the Work will not be
completed within the Contract Time, and that
the unpaid balance would not be adequate to
cover actual or liquidated damages for the
anticipated delay; or
7.4.1.7 persistent failure to carry out the Work in
accordance with the Contract Documents.
7.4.2 When the above grounds are removed, payment shall be
made for amounts withheld because of them.
Valparaiso University Telephone RFP 3/27/2003 Page F-13
7.5 PROGRESS PAYMENTS
7.5.1 Owner shall make payment in the manner and within the
time provided in the Contract Documents.
7.5.2 Vendor shall promptly pay each Subcontractor and
material supplier, upon receipt of payment from Owner,
the amount to which said Subcontractor is entitled.
7.5.3 Owner shall not have an obligation to pay or to see to
the payment of money to a Subcontractor except as may
otherwise be required by law.
7.5.4 The payment schedule will be periodic based upon
delivered goods. Payments will be capped with retained
percentage until successful completion of acceptance
testing. The suggested exceptions are noted as
follows:
10% Upon receipt of design drawings and detailed
specifications.
50% On a periodic basis based upon the delivery of
materials on site and installation services.
90% Upon Substantial Completion
95% Upon successful completion of acceptance test.
100% Final Acceptance and return of all keys and
other Owner property.
7.5.5 Under no circumstances shall the proposed payment
schedule require payment of more than ninety-five
percent (95%) of the total system acquisition price
prior to system acceptance.
7.6 SUBSTANTIAL COMPLETION
Substantial Completion is the stage in the progress of the
Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract
Documents so Owner can occupy or utilize the Work for its
intended use.
7.6.1 When Vendor considers that the Work, or a portion
thereof which Owner agrees to accept separately, is
substantially complete, Owner shall prepare and submit
to Vendor a comprehensive list of items to be completed
or corrected. Vendor shall proceed promptly to
complete and correct items on the list. Failure to
include an item on such list does not alter the
responsibility of Vendor to complete all Work in
accordance with the Contract Documents. When Owner
Valparaiso University Telephone RFP 3/27/2003 Page F-14
agrees the Work or designated portion thereof is
substantially complete, Vendor will prepare a
Certificate of Substantial Completion which shall
establish the date of Substantial Completion, shall
establish responsibilities of Owner and Vendor for
security, maintenance, heat, utilities, damage to the
Work and insurance, and shall fix the time within which
Vendor shall finish all items on the list accompanying
the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof
unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial
Completion shall be submitted to Owner and Vendor for
their written acceptance of responsibilities assigned
to them in such Certificate.
7.7 PARTIAL OCCUPANCY OR USE
7.7.1 Owner may occupy or use any completed or partially
completed portion of the Work at any stage when such
portion is designated by separate agreement with
Vendor, provided Owner and Vendor have accepted in
writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance,
heat, utilities, damage to the Work and insurance, and
have agreed in writing concerning the period for
correction of the Work and commencement of warranties
required by the Contract Documents.
7.7.2 Immediately prior to such partial occupancy or use,
Owner and Vendor shall jointly inspect the area to be
occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
7.7.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the
requirements of the Contract Documents.
7.8 ACCEPTANCE AND FINAL PAYMENT
7.8.1 Upon receipt of written notice that the Work is ready
for final inspection and upon receipt of a final
Application for Payment, Owner will promptly make such
inspection and, when the Work is found acceptable under
the Contract Documents and the Contract fully
performed, Owner will promptly issue a Notice of
Acceptance.
Valparaiso University Telephone RFP 3/27/2003 Page F-15
7.8.2 If, after thirty days from the date of the Notice of
Acceptance, Claims are on file with Owner, Owner shall
withhold a sum equal to double the total amount of
claims on file or 5% of the contract price, whichever
is less, until such Claims are released or otherwise
adjudicated.
7.8.3 Final payment shall not be made until Vendor has
complied in full with all requirements of these General
Conditions.
7.8.5 The making of final payment shall constitute a waiver
of all Claims by Owner except those arising from:
7.8.5.1 unsettled Claims,
7.8.5.2 faulty or defective Work, appearing after
acceptance,
7.8.5.3 failure of the Work to comply with the
requirements of the Contract Documents, or
7.8.5.4 terms of any special guarantees and warranties
required by the Contract Documents.
7.8.6 The acceptance by Vendor of final payment less
retainage shall constitute a waiver of all Claims
except those previously made in writing and still
unsettled.
Author: Mike Yohe; Mar 22 2003
Approved:
Revised: